Acórdão nº 9421188 de Court of Appeal of Porto (Portugal), 27 de Junho de 1995
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 27 de Junho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART755 N1 F ART442 ART759 N3.
Jurisprudência Nacional: AC STJ DE 1993/10/13 IN CJSTJ T3 ANOI PAG60. AC RP DE 1989/03/23 IN CJ T2 ANOXIV PAG207. AC RL DE 1993/10/21 IN CJ T5 ANOXVIII PAG102. AC RL DE 1994/11/17 IN CJ T5 ANOXIX PAG110. AC RL DE 1995/01/19 IN CJ T1 ANOXX PAG92. AC RL DE 1995/02/23 IN CJ T1 ANOXX PAG138.
Sumário: I - A posse do promitente-comprador não é uma posse efectiva, real, resultando de um acordo entre promitentes comprador e vendedor, posterior ao contrato-promessa. II - A posse que os embargos de terceiro visam proteger terá de ser anterior ao acto ofensivo da mesma posse, não podendo ser posterior. III - O direito de retenção dos promitentes-compradores...
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