Acórdão nº 075940 de Supremo Tribunal Administrativo (Portugal), 07 de Abril de 1988 (caso None)
| Data | 07 Abril 1988 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS. DIR ECON - DIR AGR.
LegislaÁ„o Nacional: PORT 560/75 DE 1975/09/17. DL 406-A/75 DE 1975/07/29 ART1 ART8. CPC67 ART393. CCIV66 ART1258 N1 ART1279. L 77/77 DE 1977/09/29 ART25 N1.
Sum·rio : I - Cessa a restituiÁ„o da posse se o possuidor for convencido na quest„o da titularidade do direito (artigo 1278 n. 1 do CCIV66). II - A lei protege a posse apenas por presumir que, por detr·s dela, existe, na titularidade do possuidor, o direito real correspondente (cfr. artigo 1268 n. 1 do citado CÛdigo). III - Tendo-se apurado, no procedimento cautelar de restituiÁ„o provisÛria de posse, o direito de propriedade das requeridas, atravÈs de actos administrativos definitivos e executÛrios...
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