Acórdão nº 0063546 de Supremo Tribunal Administrativo (Portugal), 15 de Dezembro de 1993 (caso None)
| Magistrado Responsável | PIRES DO RIO |
| Data da Resolução | 15 de Dezembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART297 ART1251 ART1253 ART1287 ART1316 ART1317.
Sumário: I - Não constituem matéria de direito as expressões "posse" e "possuir", empregadas no sentido usual e corrente de retenção e fruição da coisa, ou seja, como facto material, realidade concreta, e não como abstracção, conceito jurídico. II - A posse é considerada não titulada quando é nulo o negócio jurídico donde ela deriva. III - O detentor ou possuidor precário é aquele que, embora detendo a coisa (tendo, pois, o corpus), não exerce sobre ela o poder de facto com a intenção (o animus) de exercer o direito real correspondente. IV - Só tem relevância para completar a posse (acrescentando o animus ao corpus) a intenção do detentor de actuar de acordo com o que...
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