Acórdão nº 070927 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1983 (caso None)
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 20 de Outubro de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART8 N3 ART408 N1 ART442 N3 ART874 ART1037 N2 ART1118 N2 ART1125 N2 ART1133 N2. DL 236/80 DE 1980/07/18 ART2. CPC67 ART97 N1 ART276 N1 C ART279 N1 ART682 N1 ART690 N1.
Jurisprudência Nacional: AC STJ DE 1968/03/29 IN BMJ N175 PAG272. AC STJ DE 1971/01/22 IN BMJ N203 PAG176. AC STJ DE 1972/06/20 IN BMJ N218 PAG226. AC STJ DE 1974/01/15 IN BMJ N233 PAG173. AC STJ DE 1974/02/05 IN BMJ N234 PAG267. AC STJ DE 1975/03/07 IN BMJ N245 PAG465. AC STJ DE 1976/05/18 IN BMJ N257 PAG138. AC STJ DE 1977/12/07 IN BMJ N272 PAG152.
Sumário : I - No contrato-promessa de compra e venda de um imóvel, passando o promitente comprador a ocupar o prédio antes de celebrado o contrato prometido ou definitivo, essa ocupação traduz uma situação precária ou de mera tolerância por parte do promitente comprador. II - Em tal caso, é reconhecido ao promitente vendedor o direito de restituição, não tendo o promitente comprador a possibilidade de defesa do instituto da posse, reconhecida na posse perfeita ou na posse filiada em vínculo obrigacional, como nos casos contemplados nos...
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