Acórdão nº 083145 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1992 (caso None)
| Magistrado Responsável | ARAUJO RIBEIRO |
| Data da Resolução | 10 de Dezembro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR CONST - DIR FUND.
LegislaÁ„o Nacional: CONST89 ART34. CCIV66 ART336 ART338 ART1260 ART1277 ART1278 ART1279.
Sum·rio : I - A violÍncia que caracteriza o esbulho susceptÌvel de determinar a providÍncia cautelar de restituiÁ„o provisÛria de posse, ao abrigo do artigo 1279 do CÛdigo Civil de 1966, tanto pode ser exercida sobre as pessoas como sobre as coisas, mas È necess·ria a incidÍncia cumulativa de dois elementos, um externo (objectivo) e outro intencional (subjectivo), ou seja a consciÍncia por parte do autor do facto de agir ilicitamente violando deliberadamente um direito alheio. II - N„o h·, pois, esbulho violento, susceptÌvel de justificar a restituiÁ„o provisÛria de...
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