Acórdão nº 063921 de Supremo Tribunal Administrativo (Portugal), 18 de Abril de 1972 (caso None)
| Magistrado Responsável | ARALA CHAVES |
| Data da Resolução | 18 de Abril de 1972 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MANUEL RODRIGUES IN A POSSE PAG190 PAG400.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART660 N2 ART668 D. CCIV867 ART474 ART1549 ART1569 ART1573 ART2380. CCIV66 ART12 N1. DL 47344 DE 1966/11/25 ART2.
Sumário : I - Tendo ocorrido antes da entrada em vigor do novo Codigo Civil os factos em que se fundamentem pedidos de restituição de posse e da correlativa indemnização, não e aplicavel a lei nova. II - No dominio do Codigo Civil de 1867, a posse não se circunscrevia aos direitos reais, tendo, por isso, aquele que tomara de aluguer um cilindro o direito de defender a sua posse e de pedir a sua restituição. III - Houve esbulho da posse do que tomou de aluguer o cilindro quando ele o mandou buscar por duas vezes ao local onde se encontrava e em que ambas foi impedido sem justa...
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