Acórdão nº 0047166 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1992 (caso None)
Magistrado Responsável | SILVA SALAZAR |
Data da Resolução | 15 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1037 ART1038 N1. CCIV66 ART1051 N1 ART1110 N1. RAU90 ART83. L 2030 DE 1948/06/22 ART44 ART45. DL 385/88 DE 1988/10/25 ART23 N1.
Jurisprudência Nacional: AC STJ DE 1986/04/15 IN BMJ N356 PAG291. AC RC DE 1982/03/30 IN CJ ANOVII PAG95. AC STJ DE 1986/04/07 IN BMJ N356 PAG291.
Sumário: I - O direito ao arrendamento não é um direito real, mas um direito obrigacional; o vínculo que consubstancia o contrato de arrendamento no processo principal liga somente o ali réu, como inquilino, e os ora embargados, como senhorios, sendo a ora embargante estranha a essa relação obrigacional. II - E daqui resulta que o próprio réu não era possuidor do prédio em causa, apesar de inquilino, no sentido em que a posse vem definida no art. 1251 do C. Civil; era mero detentor ou possuidor precário. III - Assim, também a embargante não detém a posse, sobre o prédio em causa, a que esse artigo refere, pois se baseia ela precisamente no contrato de arrendamento celebrado com seu marido e no amanho e cultivo da terra que, com este, fazia com base em tal contrato. IV - Daí que não possa a embargante basear os presentes embargos na qualidade, que não tem, de possuidora em nome próprio, nem nos actos de amanho e cultivo da terra praticados com base no contrato de arrendamento de que não foi parte, uma vez que tais actos não revelam a qualidade de possuidora em nome próprio mas apenas a colaboração familiar com o possuidor precário. V - No art. 1110 do C. Civil...
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