Acórdão nº 9310115 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1994
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 17 de Janeiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1217 ART1285. CPC67 ART1037 N1 N2.
Sumário: I - Os embargos de terceiro e a acção de restituição de posse são meios de tutela da posse, residindo na proveniência da lesão a diferença específica entre os dois expedientes processuais que a lei põe ao dispor do possuidor esbulhado para lhe ser restituída a posse. II - Quando a sua posse haja sido ofendida por uma diligência ordenada judicialmente ( penhora, arrolamento, posse judicial, despejo ), o possuidor tem ao seu dispor, como meio de defesa, os embargos de terceiro; se o esbulho tiver outra origem, deve usar a acção de restituição de posse. III - Não pode dar-se por demonstrado que o embargante, terceiro em relação a uma execução em que foram penhorados...
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