Acórdão nº 086054 de Supremo Tribunal Administrativo (Portugal), 07 de Dezembro de 1994 (caso None)
| Data | 07 Dezembro 1994 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART1037 N1 N2. CCIV66 ART1251 ART1260 ART1282 B.
Sum·rio : I - A posse consubstancia-se na verificaÁ„o de dois elementos - "corpus" - detenÁ„o material da coisa, e "animus", intenÁ„o de a considerar como sua e prÛpria, acrescendo a componente jurÌdica e civil da posse, que È o mesmo que dizer que ela ter· legal fundamento. II - No caso dos autos, ‡ embargante ocorriam aqueles dois elementos, sÛ que lhe faltava a posse jurÌdica e civil, pois a casa em quest„o, morada de famÌlia, por decis„o judicial na acÁ„o de divÛrcio foi atribuÌda ‡ embargada. III - Com tal decis„o, foi subtraÌda a disponibilidade da fruiÁ„o da...
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