Acórdão nº 073950 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1987 (caso None)
| Magistrado Responsável | FERNANDES FUGAS |
| Data da Resolução | 16 de Julho de 1987 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS IN PROCESSOS ESPECIAIS VI PAG475. MANUEL RODRIGUES IN A POSSE PAG244.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART1044 ART1045 N1 ART1049 N2. CCIV66 ART406 N2 ART410 N1 ART442 N2 N3 ART754 ART874 ART879 ART1253 C ART1254 N2 ART1278 N3 ART1316. CCIV867 ART488. CRP67 ART8 ART9. CRP84 ART6 ART7.
Jurisprudência Nacional: AC STJ DE 1980/01/29 IN BMJ N293 PAG341.
Sumário : I - A acção especial de posse judicial avulsa não constitui um meio de defesa da posse, mas, antes, um meio de obter a posse por quem a não tem, mas devia ter. Se, porventura, se pretende o reconhecimento e defesa da posse material, o meio para tanto adequado e o da acção possessoria. II - E melhor posse a que for titulada; na falta de titulo, a mais antiga e se tiverem igual antiguidade, a posse actual. Se ambas as posses forem tituladas...
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