Acórdão nº 080221 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1991 (caso None)
Magistrado Responsável | ALBUQUERQUE DE SOUSA |
Data da Resolução | 21 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART255 ART1261 N2 ART1279. CPC67 ART393 ART394.
Sum·rio : I - A causa do procedimento cautelar de restituiÁ„o provisoria da posse e o esbulho violento. II - O actual conceito de violencia, para tais efeitos, extrai-se da norma do artigo 1261 n. 2 do Codigo Civil, pressupondo a coacÁ„o fisica ou coacÁ„o moral nos termos do artigo 255 do mesmo Codigo. III - O tribunal so pode ordenar a restituiÁ„o (sem citaÁ„o nem audiencia do esbulhador) se, pelo exame das provas, reconhecer que o requerente tinha a posse e foi dela esbulhado violentamente (artigo 1279 do Codigo Civil e artigos 393 e 394 do Codigo de Processo Civil). IV - A simples retirada de um computador e seu equipamento, mediante acordo das partes, para efeitos de...
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