Acórdão nº 0053681 de Supremo Tribunal Administrativo (Portugal), 02 de Junho de 1992 (caso None)
Magistrado Responsável | COUTINHO DE FIGUEIREDO |
Data da Resolução | 02 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART442 N3 ART670 ART759. DL 236/80 DE 1980/07/18.
Jurisprudência Nacional: AC STJ DE 1968/03/29 IN BMJ N176 PAG272. AC STJ DE 1974/01/15 IN BMJ N233 PAG173. AC STJ DE 1975/11/28 IN BMJ N251 PAG135. AC STJ DE 1980/01/29 IN BMJ N293 PAG341.
Sumário: I - A posse gerada por via de um contrato-promessa é precária e de mera tolerância, sustentava-se. II - As inovações introduzidas pelo Decreto-Lei 236/80, de 18 de Julho, vieram alterar os dados do problema, face à redacção do n. 3 do artigo 442 do Código Civil. III - Face ao preceituado no artigo 759 e 670 do Código Civil, o titular do...
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