Acórdão nº 0123850 de Court of Appeal of Porto (Portugal), 02 de Abril de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 02 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTR. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1033 ART668 N1 C ART715. CCIV66 ART1037 N2 ART1277 ART1278 N1 ART1252 N2.
Jurisprudência Nacional: AC RE DE 1977/11/24 IN BMJ N273 PAG329. AC RE DE 1979/11/20 IN BMJ N294 PAG411.
Sumário: I - Um locatario pode usar de meio possessorio contra outro locatario de outra parte do mesmo predio. Tal e permitido pelo artigo 1037, n. 2, conjugado com o artigo 1278, do Codigo Civil. II - O locatario da garagem e da cave, que se servia do portão da frente como entrada principal de acesso a cave, sendo o acesso a garagem apenas possivel por aquele portão, pode propor acção de restituição de posse contra o locatario do res-do-chão, que o privou daquele acesso ao...
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