Acórdão nº 97B556 de Supremo Tribunal Administrativo (Portugal), 13 de Novembro de 1997 (caso None)
| Magistrado Responsável | COSTA MARQUES |
| Data da Resolução | 13 de Novembro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART660 N2 ART713 N2 ART726.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário : I - O direito de retenção é direito real de garantia, que confere ao seu titular o direito de sequela, ou seja de não abrir mão da coisa sobre que incide, o qual, tendo sido invocado pelos réus seus titulares e a incidir sobre as fracções autónomas objecto da posse cuja restituição é pedida por via exceptiva, porque impeditiva dos efeitos jurídicos invocados pela autora, pode e deve ser conhecido na decisão da acção de restituição de...
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