Acórdão nº 082594 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1992 (caso None)
Magistrado Responsável | SAMPAIO DA SILVA |
Data da Resolução | 15 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: A REIS COMENTARIO AO CPC VII PAG359. ORLANDO CARVALHO IN RLJ ANO 123 PAG1353. A CASTRO DIR PROC CIV DECLARATORIO VOL3 PAG173 - PAG174.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART193 ART268 ART272 ART273 ART467 N1 C ART498 N4 ART515 ART675 ART680 N1 ART684 N4 ART710 N2. CCIV66 ART1277 ART1278 N1 ART1251 ART1253 ART1263 ART1255.
Sumário : I - Sem prejuízo de eventuais modificações é na petição que o autor descreve a matéria que integra o facto jurídico de que decorre a pretensão que deduz ou seja, é nessa peça que ele invoca a causa a pedir. II - Posse é o poder que se manifesta quando alguém actua por forma correspondente ao exercício do direito de propriedade ou de outro direito real, ou seja, é o poder de facto de quem actua sobre uma coisa (corpus) na veste de titular do direito real correspondente ao exercício desse poder (animus). III - Considera-se esbulhado o possuidor ilicitamente privado da possibilidade do...
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