Acórdão nº 075404 de Supremo Tribunal de Justiça (Portugal), 23 de Fevereiro de 1988 (caso NULL)
Data | 23 Fevereiro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART56 N1 ART907 ART921 ART1042 - ART1051. CRP67 ART221 N1. CCIV66 ART721 N1 ART824 N2 ART1278 N2 N3.
Sum·rio : I - O processo e bem utilizado quando o pedido formulado na petiÁ„o inicial corresponde precisamente ao fim para o qual a lei estabeleceu o processo, pelo que n„o ha erro na forma do processo de posse judicial quando o pedido consistiu na posse ou entrega judicial da coisa . II - Transmitida a propriedade de um imovel hipotecado por escritura de compra e venda, registada a transmiss„o, proposta depois execuÁ„o contra o devedor hipotecario transmitente, contra o disposto no artigo 56, n. 1, do Codigo de Processo Civil, arrematado ai esse predio e cancelado, nos termos do artigo 907, aquele registo de transmiss„o de propriedade, a posse fundada no titulo de arremataÁ„o n„o prevalece em acÁ„o de posse judicial contra a posse fundada na aludida compra e venda: a) quer por, no caso, a posse do arrematante n„o ser superior a um ano (artigo 1278, n. 2, do...
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