Acórdão nº 078905 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1991 (caso None)
| Magistrado Responsável | JORGE VASCONCELOS |
| Data da Resolução | 24 de Janeiro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: L 38/87 DE 1987/12/23 ART20 N1 ART106 ART108 N5. L 49/88 DE 1988/04/19. CPC67 ART678 N1. CCIV66 ART1051 N1 F ART1265. CEXP76 ART6 N5 ART9 N2 ART24 ART58 ART70 ART86 ART92 ART100 ART121.
Sumário : I - As garantias da contraprestação, da indemnização projectada em relação ao valor da propriedade plena, com o sentido de ocupação exclusiva assegurada pela posse, conferem a investidura na posse da expropriante, no caso em que ela e um mero detentor, como arrendatario, em nome alheio, uma natureza equivalente a que preside a figura da inversão do titulo da posse por acto de terceiro, no caso o tribunal, consagrada no artigo 1265 do Codigo Civil. II - Desta forma, não pode entender-se que a investidura na posse se resuma a atribuição ao expropriante tão so da posse material...
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