Acórdão nº 0076801 de Supremo Tribunal Administrativo (Portugal), 26 de Abril de 1994
| Magistrado Responsável | GUILHERME IGREJA |
| Data da Resolução | 26 de Abril de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: G TELLES IN O DIREITO ANOS 106/119 PAG13/34. CALVÃO DA SILVA IN CUMPRIMENTO E SANÇÃO PECUNIÁRIA COMPULSÓRIA IN BFDC SUPLEMENTO XXX.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART754 ART761 ART1261 N2 ART1279. CPC67 ART393 ART394.
Jurisprudência Nacional: AC STJ DE 1971/11/19 IN BMJ N211 PAG297. AC RL DE 1983/07/14 IN CJ ANOVIII T4 PAG105. AC RE DE 1986/06/30 IN CJ ANOXI T1 PAG237. AC RL DE 1987/10/13 IN O DIREITO ANO120 PAG173/176.
Sumário: I - São requisitos do direito de retenção: A) Detenção lícita de uma coisa por alguém que está obrigado a entregá-la a outrem; B) Crédito simultâneo do primeiro em relação ao segundo. C) Conexão desse crédito com a coisa detida, derivada de despesas feitas por causa desta ou de danos causados pela mesma. II - Mostrando-se omitido o pagamento de parte do...
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