Acórdão nº 9110757 de Court of Appeal of Porto (Portugal), 26 de Março de 1992
| Magistrado Responsável | FERNANDES MAGALHÃES |
| Data da Resolução | 26 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART303 ART333 N1 N2 ART1282.
Sumário: I - A caducidade das acções possessorias, referida no artigo 1282 do Codigo Civil, porque estabelecida em materia de direitos disponiveis, não pode ser oficiosamente apreciada pelo tribunal ( artigo 333, n. 1, idem ), devendo ser excepcionada pelo R. na contestação ( n. 2 do artigo 333 e artigo 303, idem ). II - A semelhança da caducidade do direito de accionar, tambem a perda da posse pelo A. e uma excepção peremptoria, a deduzir na contestação. III - Ha turbação da posse, a que corresponde a acção de manutenção...
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