Acórdão nº 062689 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1969 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 18 de Abril de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART154 ART868 N1 B D. CCIV867 ART12 ART486 ART2370.
Sumário : I - O simples temor, não comprovado, de que possam surgir actos futuros perturbadores da posse que, por decisão judicial, foi restituida, não justifica a requisição da força publica, ao abrigo do disposto no artigo 486 do Codigo Civil de 1867. II - Não ha falta de motivação, nem mesmo motivação incompleta, mediocre ou errada, quando, num incidente de restituição provisoria da posse, ao confirmar o despacho que indeferiu, ja depois de restituida a posse, a requisição da autoridade policial, o acordão recorrido invoca como razão de decidir que, no caso dos autos, qualquer presumivel facto posterior a posse conferida impeditivo do seu exercicio constituiria...
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