Acórdão nº 082426 de Supremo Tribunal Administrativo (Portugal), 15 de Junho de 1993
| Magistrado Responsável | PEREIRA CARDIGOS |
| Data da Resolução | 15 de Junho de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC67 ART722 N2 ART728 N2. CCIV867 ART686 ART1506 ART1508 ART1596. CCIV66 ART1038 H ART1057 ART1129 ART1135 A ART1137 N2 ART1140 ART1141 ART1475.
Sumário : I - No domínio de vigência do Código Civil de 1867, o contrato de comodato podia ter por objecto coisa imóvel. Trata-se de um contrato real, quod constitucionem, mas de eficácia puramente obrigacional. Era válido qualquer que fosse a forma utilizada. II - Não obstante o seu direito ser de natureza obrigacional, o comodatário, tendo obtido o gozo da coisa, fica com a posse desse direito, podendo defendê-la pelos meios possessórios contra qualquer turbador ou...
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