Acórdão nº 0055106 de Court of Appeal of Lisbon (Portugal), 17 de Junho de 1993
| Data | 17 Junho 1993 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1022 ART1031 B ART1037.
Sumário: I - Na acção possessória de restituição o fundamento de facto é o esbulho ao passo que o fundamento de direito é, genericamente, a posse. II - A circunstância deve atribuir ao locatário o direito de usar os meios facultados ao possuidor (1037 CC), quando, designadamente "por privado de coisa", não significa que ele seja considerado por lei como verdadeiro...
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