Acórdão nº 9420990 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1994
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 20 de Dezembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROC RECORRIDO É DA PRIMEIRA SECÇÃO. CITA VÁRIOS AUTORES.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1279 ART1261 N2 ART255. CPC67 ART393 ART394.
Jurisprudência Nacional: AC RL DE 1987/05/19 IN CJ T3 ANOXII PAG86. AC RL DE 1977/04/01 IN BMJ N268 PAG262. AC RL DE 1993/03/11 IN CJ T2 ANOXVIII PAG95. AC RL DE 1977/05/13 IN CJ ANOII PAG611. AC RP DE 1994/03/15 IN PROC1364/93 5SEC.
Sumário: I - A violência que deve caracterizar o esbulho da posse para justificar a restituição provisória de posse tanto pode verificar-se no uso da força física em relação à pessoa como em relação à coisa, embora deva sempre estabelecer-se uma ligação entre os actos...
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