Acórdão nº 98B410 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1998 (caso NULL)
| Magistrado Responsável | SILVA GRAÇA |
| Data da Resolução | 25 de Novembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART255 ART1261 ART1279. CPC876 ART494.
Jurisprudência Nacional: AC STJ DE 1978/05/02 IN BMJ N277 PAG168. AC STJ DE 1984/11/03 IN BMJ N341 PAG401. AC RL DE 1984/04/27 IN BMJ N343 PAG371. AC RP DE 1982/04/20 IN BMJ N316 PAG275.
Sumário : I - O possuidor esbulhado com violência deve ser restituído provisoriamente à sua posse, sem audiência do esbulhador, para tal bastando que o possuidor formule o competente pedido, alegando os respectivos requisitos - posse, esbulho e violência. II - O esbulho supõe que o possuidor foi privado da posse que tinha, colocado em condições de não poder continuar a exercer a posse. III - O esbulho pode ser...
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