Acórdão nº 079623 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1991 (caso NULL)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 07 de Março de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART216 ART754 ART757 ART780 ART1273. CPC67 ART446 ART510 N1 B ART678 ART680. CCJ62 ART124 N1. DL 49213 DE 1969/08/29 ART11 N1 D.
Sum·rio : I - Nos termos do artigo 1273 do Codigo Civil, o possuidor tem o direito de ser indemnizado das benfeitorias necessarias que haja feito, bem como tem o direito ao valor das benfeitorias uteis se n„o for possivel levanta-las sem detrimento da coisa. II - Segundo o artigo 754 do Codigo Civil, o devedor que disponha de um credito contra o seu credor goza do direito de retenÁ„o se o seu credito resultar de despesas feitas por causa dele ou de danos por ele causados. III - O devedor (detentor) goza do direito de retenÁ„o mesmo, antes do vencimento do seu credito, desde que se verifique algumas das circunstancias que importam a perda do beneficio do prazo, segundo o artigo 780 do Codigo Civil. IV - N„o sendo articulados factos que possam provar benfeitorias feitas num predio, o tribunal n„o as pode, obviamente, considerar. V - O direito de retenÁ„o so existe quando o credito resulta de despesas feitas por causa da coisa retida, ou de danos por ela causada. VI - Nos termos do artigo 510 do Codigo de Processo Civil, no despacho saneador, deve, alem do...
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