Acórdão nº 9520375 de Court of Appeal of Porto (Portugal), 04 de Julho de 1995
| Magistrado Responsável | EMERICO SOARES |
| Data da Resolução | 04 de Julho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART1037 N2 ART1279. CPC67 ART393.
Jurisprudência Nacional: AC RE DE 1989/06/22 IN CJ T3 ANOXIV PAG279. AC STJ DE 1978/05/02 IN BMJ N277 PAG169.
Sumário: I - A posse a defender através da providência de restituição provisória de posse é a posse jurídica, instituto privativo dos direitos reais. II - Só em casos pontuais o legislador ampliou a tutela possessória a situações de mera posse ou posse precária, como acontece com o n.2 do artigo 1037 do Código Civil em que ao locatário que for privado da coisa ou perturbado no exercício dos seus direitos, mau grado...
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