Acórdão nº 0070872 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1993 (caso None)
Magistrado Responsável | FERREIRA MESQUITA |
Data da Resolução | 17 de Junho de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: MENEZES CORDEIRO IN DTOS REAIS 1979 PAG675.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART413 N1 N2 ART483 ART1260 N1 N2 ART1270 N1 ART1305. CPC67 ART273 N2 ART279 ART456 ART481 A ART661 N2.
Jurisprudência Nacional: AC STJ DE 1974/06/04 IN BMJ N238 PAG204. AC STJ DE 1975/12/05 IN BMJ N252 PAG105. AC RL DE 1979/11/06 IN CJ ANO1979 T5 PAG1595. AC RL DE 1990/02/01 IN CJ ANO1990 T1 PAG152.
Sumário: I - Embora a promessa não tenha eficácia translativa, não constituindo ela título de posse do "accipiens", à luz do disposto no n. 1 do artigo 1259 do Código Civil, título de posse poderá ser a entrega real operada pelo promitente-vendedor por antecipação à celebração do contrato definitivo; II - A boa-fé do réu cessou com a citação, momento em que passou a saber que as fracções por si ocupadas eram propriedade do autor (artigos 481, a) do CPC e 1270, n. 1 do Código Processo Civil), pelo que, a partir daí, responderá pelos prejuízos que, eventualmente, cause ao autor com essa ocupação; III - Nos termos...
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