Acórdão nº 088185 de Supremo Tribunal Administrativo (Portugal), 24 de Abril de 1996 (caso None)
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: OLIVEIRA ASCENSÃO IN DIR REAIS PAG137. MOTA PINTO IN DIR REAIS PAG233. A VARELA IN BMJ N161 PAG65.
Área Temática: DIR PROC CIV - PROCED CAUT / RECURSOS. DIR CONST - DIR FUND. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART498 ART671 ART673 ART684 N3. CCIV66 ART1251 ART1305. LC 1/92 DE 1992/11/25 SUPL ART62 N1 ART82. DL 468/71 DE 1971/11/05 ART1 ART3 N1 N2 N5 N6 ART5 - ART7. DL 292/80 DE 1980/08/16 ART1 ART3 ART4.
Sumário : I - O direito de posse não tem um âmbito maior do que o do direito de propriedade, pois aquele só existe quando se possa dizer que alguém actua por forma correspondente ao exercício do segundo (artigo 1251 do Código Civil). II - A posse plena sobre um prédio não significa que o exercício do respectivo direito não possa encontrar-se legalmente limitado por restrições de direito público, nomeadamente a que lhes proiba...
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