Acórdão nº 96A151 de Supremo Tribunal de Justiça (Portugal), 02 de Julho de 1996 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 02 de Julho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA IN RLJ ANO122 PAG112 E RLJ ANO124 PAG347. H MESQUITA IN RDES ANOXX PAG347.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART664 ART729 N3 ART1035 N1. CCIV66 ART342 N1 ART433 ART670 A ART755 N1 F ART759 N3 ART801 ART1133 N2.
Jurisprudência Nacional: AC STJ DE 1986/11/25 IN BMJ N361 PAG527. AC STJ DE 1987/07/14 IN BMJ N369 PAG549.
Sumário : I - O artigo 1035 n. 1 do Código de Processo Civil deve ser interpretado, restritivamente, no sentido de regular apenas a situação das acções possessórias que tenham como causa de pedir a posse do direito de propriedade e de dever ser adaptado às demais acções possessórias. II - O direito de retenção, previsto no artigo 755 n. 1 alínea f) do Código Civil, não se aplica apenas no caso de contrato-promessa de...
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