Acórdão nº 0027786 de Supremo Tribunal Administrativo (Portugal), 09 de Maio de 1991 (caso None)
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 09 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1022 ART1031 B ART1037 N2 ART1253 C. CPC67 ART1033 ART1037.
Sumário: I - A circunstância de se atribuir ao locatário o direito de usar dos meios facultados ao possuidor não significa que ele seja considerado por lei como verdadeiro possuidor, mas apenas que a lei estende a tutela possessória a uma situação de mera detenção ou posse precária, pois o locatário não possui a coisa locada em nome próprio mas em nome do locador, sendo havido como detentor ou possuidor precário. II - Conquanto o número 2 do artigo 1037 do Código Civil não mencione expressamente a possibilidade de recurso à acção possessória de prevenção, referindo-se apenas à perturbação ou privação do exercício dos direitos do locatário, a que correspondem as acções de manutenção ou restituição de posse, a verdade é que, aludindo genericamente aos artigos 1276 e seguintes, acaba por lhe consentir, também, a utilização da acção de prevenção. III - O fundamento de facto da...
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