Acórdão nº 0039121 de Supremo Tribunal Administrativo (Portugal), 19 de Março de 1991 (caso None)
| Data | 19 Março 1991 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV / DIR REAIS.
Legislação Nacional: CCIV66 ART483 ART1253 ART1305.
Jurisprudência Nacional: AC STJ DE 1980/01/21 IN BMJ N293 PAG341. AC STJ DE 1974/01/15 IN BMJ N175 PAG272. AC RL DE 1979/10/26 IN CJ ANO1979 T4 PAG1220.
Sumário: I - O acordo celebrado entre o promitente vendedor e comprador, mediante o qual este é autorizado por aquele a habitar no prédio objecto do contrato prometido, constitui o promitente comprador na situação de mero detentor ou possuidor precário (artigo 1253, do Código Civil). II - A ocupação daí decorrente é lícita até à resolução do contrato-promessa e a partir daí constitui um acto ilícito (artigo 1305, do Código Civil). III - Esta conduta constitui o ocupante na obrigação de indemnizar o proprietário se porventura se vier a concluir pela existência...
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