Acórdão nº 98A532 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1998
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 30 de Junho de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CONST97 ART205 N3 ART208 N2. CPC96 ART420 N2 ART481 N1 ART712 ART722 ART729 ART802.
Jurisprudência Nacional: AC RE DE 1986/11/13 IN BMJ N363 PAG621.
Sumário : I - A decisão que decreta o embargo de obra nova assume a feição de um verdadeiro título executivo, que incorpora uma obrigação de prestação de facto de natureza negativa (obrigação de "non facere"), devendo a respectiva execução ser processada nos próprios autos do incidente mediante requerimento do requerente e não através de acção executiva, aquela que segue os trâmites próprios da execução para...
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