Acórdão nº 079326 de Supremo Tribunal Administrativo (Portugal), 22 de Novembro de 1990 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 22 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS / DIR OBG.
LegislaÁ„o Nacional: CCIV66 ART410 N3 ART442 N3 ART755 N1 F ART1263 B ART1278 N2 N3. CPC67 ART3 ART1049 N2.
JurisprudÍncia Nacional: AC STJ DE 1988/02/23 IN BMJ N374 PAG429.
Sum·rio : I - O processo de posse judicial avulsa e um processo especial regulado no Codigo de Processo Civil, cujo fim e o de ser conferida a posse ou a entrega judicial da coisa. II - O processo de posse judicial avulsa n„o serve para tornar valida a posse transmitida pelo titulo, mas sim para conferir a posse ou a entrega judicial da coisa aquele que tenha a seu favor um titulo translativo da propriedade, e desde que n„o exista melhor posse por parte do requerido e este n„o prove estar no uso e fruiÁ„o da coisa por virtude de titulo legitimo. III - No caso de conflito de posses a resoluÁ„o tera de ser achada no artigo 1278 ns. 2 e 3 do Codigo Civil; no caso de o requerido provar a existencia de titulo...
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