Acórdão nº 9451247 de Court of Appeal of Porto (Portugal), 18 de Setembro de 1995
| Magistrado Responsável | GUIMARÃES DIAS |
| Data da Resolução | 18 de Setembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART442 N2 ART755 F.
Sumário: I - Para que, ao abrigo do preceituado no artigo 755 alínea f), do Código Civil, o detentor possa legitimamente recusar a entrega da coisa é necessário, para além do mais, que o beneficiário da retenção tivesse feito ao outro a entrega de qualquer quantia a título de sinal. II - O direito de retenção visa garantir a restituição do sinal em dobro ou, em alternativa, a exigência do valor da coisa...
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