Acórdão nº 9651003 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1997
Data | 27 Janeiro 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART442 ART670 A ART755 F ART759 N3.
Jurisprudência Nacional: AC STJ DE 1993/03/31 IN CJSTJ T2 ANOI PAG44. AC RP DE 1982/04/20 IN BMJ N316 PAG275.
Sumário: I - São concedidos os meios de defesa da posse ao promitente-comprador esbulhado da posse do imóvel que tenha constituído sinal e seja beneficiário da « traditio : da coisa a que se refere a promessa. É a solução que resulta do disposto no n.3 do artigo 759 do Código Civil, mandando aplicar ao titular da retenção, até à entrega da coisa, com as necessárias adaptações, as regras do penhor, entre as quais se conta a norma da alínea a) do artigo 670 do mesmo diploma, que concede ao credor pignoratício o direito de usar, em relação à coisa empenhada, das acções destinadas à defesa da posse, ainda que contra o próprio dono. II - Estando provado que os promitentes-compradores, que gozam do direito de retenção sobre o imóvel pelo crédito...
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