Acórdão nº 075563 de Supremo Tribunal Administrativo (Portugal), 21 de Janeiro de 1988
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 21 de Janeiro de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL / DIR REAIS. DIR PROC CIV.
Legislação Nacional: DL 445/74 DE 1974/09/12 ART14 ART15. CCIV66 ART220 ART286 ART294 ART305 ART334 ART364 N2 ART410 N2 ART413 ART442 N3 ART672 ART754 ART755 F ART792 ART798 ART804 ART808 ART830 ART1305 ART1311 N1 N2. DL 188/76 DE 1976/03/12 ART1. DL 236/80 DE 1980/07/18 ART2. DL 379/86 DE 1986/11/11. CPC67 ART498.
Jurisprudência Nacional: ASS STJ DE 1984/10/16 IN BMJ N340 PAG151.
Sumário : I - Nos termos do n. 1 do artigo 1311 do Código Civil, o proprietário pode exigir judicialmente, de qualquer possuidor ou detentor da coisa, o reconhecimento do seu direito de propriedade e a consequente restituição do que lhe pertence. II - Havendo reconhecimento de direito de propriedade a restituição só pode ser recusada nos casos previstos na lei. III - Num contrato-promessa de arrendamento de prédio urbano, o qual reveste natureza obrigacional, como, aliás, qualquer contrato-promessa, produz apenas a obrigação de prestação de um facto, a de celebrar o contrato definitivo, não tendo efeito translativo. IV - A lei, ao falar de incumprimento, refere-se ao incumprimento definitivo e não à simples mora ou incumprimento temporário. V - A simples mora pressupõe a...
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