Acórdão nº 9750699 de Court of Appeal of Porto (Portugal), 13 de Outubro de 1997
| Data | 13 Outubro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART1251 ART1282. CPC67 ART26.
Jurisprudência Nacional: AC RP DE 1969/04/30 IN JR ANOXV PAG476. AC RE DE 1974/07/03 IN BMJ N240 PAG281.
Sumário: I - O direito de pedir a restituição provisória da posse caduca decorrido 1 ano sobre os factos em que a providência assenta. II - A legitimidade passiva afere-se nos termos que, na petição inicial, delimitam a acção. III - O esbulho da posse supõe que o possuidor foi privado da posse...
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