Acórdão nº 9651121 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1997
| Magistrado Responsável | RIBEIRO DE ALMEIDA |
| Data da Resolução | 24 de Fevereiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1037 N2 ART1276. CPC67 ART393.
Sumário: I - Tendo sido entregue a coisa locada, passando o promitente arrendatário a frui-la, pagando em contrapartida determinada quantia mensal a título de renda, existe um verdadeiro contrato de arrendamento. II - O arrendatário, embora seja possuidor precário, pode usar de meios possessórios mesmo contra o locador. III - Esbulho é a privação - total ou parcial - da fruição da coisa contra a vontade do possuidor. IV - Para ser decretada a restituição provisória de posse é necessário que o esbulho...
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