Acórdão nº 063264 de Supremo Tribunal Administrativo (Portugal), 18 de Dezembro de 1970 (caso None)
Magistrado Responsável | FERNANDES COSTA |
Data da Resolução | 18 de Dezembro de 1970 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: GUILHERME MOREIRA IN DAS OBRIGAÇÕES PAG116. M ANDRADE IN TEORIA GERAL DAS OBRIGAÇÕES PAG330. P LIMA E A VARELA IN CCIV ANOTADO VI.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART754. CPC67 ART274 N3 ART668 N1 E.
Sumário : I - O direito de retenção consiste na faculdade de uma pessoa reter ou não restituir uma coisa alheia, que possui ou detem, ate ser paga do que lhe e devido, por causa dessa coisa, pelo respectivo proprietario. II - Quer segundo o Codigo Civil de 1867 quer nos termos do actual a mera detenção dos bens, feita de boa fe, legitima o direito de retenção. III - Tendo sido pactuado entre as partes que uma cederia a outra algumas maquinas para certos trabalhos e alegando aquela a quem foram cedidas que, com consentimento da outra, fez reparações e despesas nas e com as mesmas maquinas, assiste-lhe o direito da retenção enquanto não for paga dessas...
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