Acórdão nº 9220933 de Court of Appeal of Porto (Portugal), 04 de Julho de 1995
| Magistrado Responsável | SOARES DE ALMEIDA |
| Data da Resolução | 04 de Julho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART399 ART400 ART401 ART393 ART3 ART201 N1 ART205 N1 N3.
Jurisprudência Nacional: AC STJ DE 1981/10/15 IN BMJ N310 PAG244. AC RP DE 1994/10/11 IN CJ T4 ANOXIX PAG206.
Sumário: I - O cessionário da exploração de estabelecimento comercial goza da defesa possessória que o artigo 1037 n.2 do Código Civil, concede ao locatário. II - Não havendo esbulho, mas simples turbação da posse, não pode usar-se o processo de restituição provisória de posse. III - As providências cautelares não específicadas destinam-se a acudir a situações onde os outros procedimentos cautelares não têm cabimento. IV - Nas providências cautelares não específicadas...
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