Acórdão nº 0010262 de Court of Appeal of Lisbon (Portugal), 16 de Janeiro de 1997
| Magistrado Responsável | EDUARDO BATISTA |
| Data da Resolução | 16 de Janeiro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART393. CCIV66 ART1251 ART1253 ART1265 ART1277 ART1279 ART1290.
Sumário: I - A providência cautelar de restituição provisória da posse prevista no art. 1279 do CC e regulada no art. 393 do CPC pressupõe, além do mais, a existência de uma posse jurídicamente relevante. II - A nossa lei civil (nos arts. 1251, 1253, als. a), b) e c), 1265 e 1290 do CC) consagrou a noção subjectivista da posse jurídicamente relevante como direito real...
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