Acórdão nº 9321099 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1994
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 24 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1277 ART1279 ART1311. CPC67 ART393 ART1033.
Jurisprudência Nacional: AC RP DE 1991/10/22 IN CJ ANOXIV T4 PAG270. AC RC DE 1993/01/05 IN CJ ANOXVIII T1 PAG5.
Sumário: I - A acção que directamente corresponde à providência da restituição provisória da posse, prevista no artigo 1279 do Código Civil e artigo 393 do Código de Processo Civil é a acção possessória de restituição, aludida nos artigos 1277 do Código Civil e 1033 do Código de Processo Civil. II - Todavia, à restituição provisória de posse também se pode seguir a restituição definitiva, alcançada através da acção de reivindicação prevista no artigo 1311 do Código Civil.
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