Acórdão nº 9250702 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1992
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 17 de Novembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART393 ART394. CCIV66 ART1251 ART1253 B ART1277 ART1278 ART1279.
Sumário: I - A posse não é, pelo menos em termos de situação de facto, o exercício de qualquer direito: será, apenas e tão só, uma actuação correspondente à aparência de um direito. II - Por isso, demonstrada a existência da actuação de facto sobre a coisa ("corpus") e a intenção real com que essa actuação é executada ("animus"), não pode deixar de se concluir que existe posse. III - Atenta a relação biunívoca entre o " corpus" e o "animus", do exercício da "posse" como...
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