Acórdão nº 9220157 de Court of Appeal of Porto (Portugal), 23 de Março de 1993
| Magistrado Responsável | FERREIRA DE SEABRA |
| Data da Resolução | 23 de Março de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART754.
Sumário: I - O direito de retenção, previsto no artigo 754 do Código Civil, é um direito real de garantia e, por isso, pressupõe uma situação de facto. II - O direito de retenção resulta directamente da lei e não de um negócio jurídico. III - Ao contrário da " exceptio " que existe nas relações sinalagmáticas e se baseia no não cumprimento de uma das prestações a que os contraentes ficaram...
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