Acórdão nº 0039031 de Supremo Tribunal Administrativo (Portugal), 05 de Fevereiro de 1991 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 05 de Fevereiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: MOTA PINTO IN CESSÃO DA POSIÇÃO CONTRATUAL PAG456 PAG465.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 ART434 ART1037 ART1093 ART1251 ART1253 ART1276 ART1285. CPC67 ART986 N2. RAU90 ART60 N2.
Jurisprudência Nacional: AC RE DE 1990/02/01 IN CJ ANO1990 T1 PAG291. AC RE DE 1977/11/24 IN BMJ N273 PAG329. AC RP DE 1987/11/24 IN CJ ANO1987 T5 PAG195.
Sumário: Os embargos de terceiro são um meio de defesa da posse. É a título excepcional que a lei faculta ao locatário a possibilidade de defender a simples detenção mediante o uso de embargos de terceiro, um meio que em princípio está reservado ao possuidor. No caso de embargos de terceiro de que o locatário lance mão, a causa de pedir não é a posse, mas sim a situação material que integra a simples detenção, devidamente titulada. Este titulo pode ser um contrato de arrendamento; ou um de sublocação ou de cessão da posição contratual, acompanhador de documento comprovativo de haver sido requerida no prazo de quinze dias a respectiva notificação ao senhorio, ou de o senhorio ter especialmente autorizado o subarrendamento ou a cessão ou de o senhorio ter reconhecido ou subarrendatário ou cessionário como tal. Este titulo tem que ser capaz de...
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