Acórdão nº 9831419 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1999
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 07 de Janeiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC95 ART393. CCIV66 ART1279 ART1261 N2 ART255.
Jurisprudência Nacional: AC RE DE 1997/06/12 IN CJ T3 ANOXXII PAG272. AC RP DE 1990/01/25 IN BMJ N393 PAG666.
Sumário: I - A restituição provisória de posse depende da alegação e prova dos factos que constituam a posse, o esbulho e a violência. II - O esbulho traduz-se na privação da posse. III - A violência tanto pode ser exercida sobre as pessoas como sobre as coisas mas, quando exercida sobre as coisas, há-de ter...
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