Acórdão nº 9650698 de Court of Appeal of Porto (Portugal), 09 de Dezembro de 1996
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 09 de Dezembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART759 N1 N3 ART670 A ART1276 ART1261 N2.
Sumário: I - Recaíndo o direito de retenção sobre coisa imóvel, o respectivo titular, enquanto não entregar a coisa retida, tem a faculdade de usar das acções destinadas à defesa da posse, ainda que seja contra o próprio dono. II - O esbulho é a privação (total ou parcial) do exercício de retenção ou fruição da coisa possuída - contra a vontade do possuidor; constitui esbulho a remoção de utensílios, a destruição da vedação da obra e rebentamento das...
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