Acórdão nº 0092672 de Court of Appeal of Lisbon (Portugal), 07 de Março de 1996
| Magistrado Responsável | SANTOS BERNARDINO |
| Data da Resolução | 07 de Março de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART755 N1 F ART1251 ART1285.
Sumário: I - Os embargos de terceiro podem ser usados não só para a defesa de situações de posse (nos termos em que a define o art. 1251 do Código Civil), mas também para defender, em certos casos referidos na lei, situações de mera detenção, contra qualquer diligência judicial ofensiva dessas situações. II - Como regra, a tradição da coisa, realizada a favor do promitente-comprador, no caso de contrato-promessa de compra e venda com entrega de sinal, não acarreta para este a investidura na qualidade de possuidor da coisa, apenas lhe atribuindo um direito pessoal de gozo sobre ela, idêntico ao do...
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