Acórdão nº 9240219 de Court of Appeal of Porto (Portugal), 13 de Julho de 1992
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 13 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART393. CCIV66 ART1267 N1 D ART1278 N2.
Jurisprudência Nacional: AC STJ DE 1976/05/04 IN BMJ N257 PAG155.
Sumário: I - Na providência cautelar de restituição provisória de posse, a causa de pedir é constituída, por um lado, pela conduta material que consubstancia a invocada posse, e, por outro lado, pelo esbulho violento dessa posse ( artigo 393 do Código de Processo Civil ). II - As acções meramente possessórias não implicam a averiguação sobre se, por detrás da posse, existe ou não o correspondente direito real definitivo. III - Provada que seja a posse superior a um ano, tal possuidor pode sempre obter a manutenção ou a restituição da posse, não sendo admitida à contraparte...
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