Acórdão nº 077771 de Supremo Tribunal Administrativo (Portugal), 16 de Maio de 1989 (caso None)
Data | 16 Maio 1989 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV 1976 PAG111 PAG318 PAG321. V SRRA RLJ ANO109 PAG348. P LIMA VARELA CCIV ANOTADO V3 1ED PAG18.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART193 N2 A B ART474 N1 A C ART475 N4 ART495 N4 ART784 N1 ART1033 - ART1043. CCIV66 ART442 ART1037 N2 ART1125 N2 ART1133 N2 ART1188 N2 ART1263 B ART1251 ART1253 ART1276 ART1277 ART1278 ART1279 ART1306. DL 236/80 DE 1980/07/18.
Jurisprudência Nacional: AC STJ DE 1984/01/05 IN BMJ N333 PAG398. AC STJ DE 1984/12/04 IN BMJ N342 PAG347.
Sumário : I - A posse baseada na tradição da coisa imovel operada a favor do promitente-comprador pelo proprietario e promitente-vendedor, na sequencia de contrato-promessa e que continuou a ser consentida por este ultimo durante anos, e juridicamente relevante, podendo ser defendida atraves dos meios de tutela possessoria facultados pelos artigos 1276 a 1279 do Codigo Civil, a exercer, nos termos dos artigos 1033 e 1043 do Codigo de Processo Civil. II - O promitente-comprador, se houver tradição da coisa, objecto do contrato-promessa, goza, nos termos gerais, do direito de retenção sobre ela, sendo legitima a sua posse, ate ser convencido do seu incumprimento culposo. Logo: III - A causa de indeferimento liminar prevista na segunda parte da alinea c) do n. 1 do artigo 474 do Codigo de Processo Civil, e...
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