Acórdão nº 066453 de Supremo Tribunal de Justiça (Portugal), 15 de Fevereiro de 1977 (caso NULL)
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 15 de Fevereiro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART201 ART254 N3 ART528. CCIV867 ART474 ART528 ART726 ART729. CCIV66 ART220 ART1029 N3 ART1251 ART1302. DL 67/75 DE 1975/02/19. CNOT67 ART89 K.
Jurisprudência Nacional: AC STJ DE 1976/02/24 IN BMJ N254 PAG173. AC STJ DE 1975/05/16 IN RLJ ANO109 PAG215.
Sumário : I - As coisas imateriais não podem ser objecto de poesse. II - O estabelecimento comercial, considerando " sub universitatis ", como um conjunto de varios elementos, coisas corporeas e incorporeas, unificado pela vontade do proprietario com vista a sua afectação a determinada actividade mercantil, ou seja, o complexo da organização comercial do comerciante, e considerado uma unidade juridica. III - Como unidade juridica, o estabelecimento comercial não e objecto de posse, por não ser possivel dissociar do todo os elementos que o integram, os mais heterogeneos, desde as mercadorias ao " aviamento ", e so as coisas corporeas são, a face do Codigo Civil, objecto de posse. IV - As acções possessorias são meios de protecção judicial da posse, quando esta e ofendida por actos não judiciais, dai que tal meio de defesa so seja de invocar quando haja posse a defender. V...
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