Acórdão nº 9620006 de Court of Appeal of Porto (Portugal), 18 de Junho de 1996
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 18 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1276 ART1277. CPC67 ART393 ART394 ART395 ART1033.
Sumário: I - A acção de manutenção de posse é uma acção dirigida contra actos de perturbação ou de agressão à posse e a acção de restituição é aquela que se destina a obter a recuperação da posse de que se foi privado por esbulho - esbulho simples e não violento, pois neste caso terá lugar a acção de restituição provisória da posse, nos termos dos artigos 393 e seguintes do Código de Processo Civil e 1279 do Código Civil. II - A acção de manutenção e de restituição tem que ter dois pressupostos: - A posse; - A perturbação ou agressão e o esbulho. III - Se havendo posse, se verificar a sua efectiva turbação ou o...
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