Acórdão nº 9140774 de Court of Appeal of Porto (Portugal), 17 de Fevereiro de 1992
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 17 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O NÚMERO DA SECÇÃO DO TRIBUNAL RECORRIDO É 1.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART393. CCIV66 ART255 N2 ART1251 ART1261 N2 ART1278 N2 N3 ART1279.
Jurisprudência Nacional: AC RE DE 1989/06/15 IN CJ ANOXIV T3 PAG277. AC RL DE 1979/07/27 IN CJ ANOIV T4 PAG1198. AC RC DE 1988/05/24 IN BMJ N377 PAG568. AC RL DE 1984/05/15 IN BMJ N377 PAG413. AC RL DE 1977/04/21 IN BMJ N268 PAG262. AC STJ DE 1983/03/15 IN BMJ N325 PAG578. AC RE DE 1986/01/30 IN CJ ANOXI T2 PAG239.
Sumário: I - Constitui mera irregularidade o recurso da decisão que decretou a providência de restituição provisória da posse antes da propositura da acção de restituição de posse. II - São requisitos para a procedência da restituição provisória da posse a posse, o esbulho e a violência. III - A posse de um ano e um dia confere plenamente o direito às acções de manutenção ou restituição...
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