Acórdão nº 0039616 de Supremo Tribunal Administrativo (Portugal), 27 de Fevereiro de 1992 (caso None)
Magistrado Responsável | PIRES SALPICO |
Data da Resolução | 27 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CPC67 ART393 ART394. CCIV66 ART410 N3 ART442 N3 ART759 N2.
Sum·rio: I - A procedÍncia da providÍncia cautelar de restituiÁ„o provisÛria de posse est· dependente da alegaÁ„o e prova, pelo requerente, dos trÍs requisitos apontados nos artigos 393 e 394 do CÛdigo de Processo Civil: a posse, o esbulho e a violÍncia. II - Se com a celebraÁ„o do contrato-promessa foram entregues pela promitente vendedora as chaves do andar prometido vender e o promitente comprador pagou o respectivo sinal, goza este do direito de retenÁ„o sobre esse andar nos termos do artigo 442 n. 3 do CÛdigo Civil. III - O promitente vendedor, para poder invocar a falta de...
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