Acórdão nº 9551024 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1998
| Magistrado Responsável | JOÃO BERNARDO |
| Data da Resolução | 12 de Fevereiro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART387 N1.
Jurisprudência Nacional: AC STJ DE 1980/06/24 IN BMJ N298 PAG269. AC RP DE 1979/01/30 IN CJ T1 ANOIV PAG284. AC RP DE 1977/05/18 IN CJ T4 ANOII PAG849. AC RE DE 1986/01/16 IN CJ T1 ANOXI PAG220. AC RE DE 1987/02/05 IN CJ T1 ANOXII PAG290. AC RE DE 1994/06/09 IN CJ T3 ANOXIX PAG283.
Sumário: I - Ao decidir-se que existe um obstáculo à instauração de uma providência cautelar deixa de se justificar o conhecimento das questões ínsitas no conteúdo dela. II - O n.1 do artigo 387 do Código de Processo Civil ( na redacção anterior ao Decreto-Lei 329-A/95, de 12 de Dezembro e ao Decreto-Lei 180/96, de 25 de Setembro ) exclui o instituto do caso julgado nos...
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