Acórdão nº 073443 de Supremo Tribunal de Justiça (Portugal), 07 de Janeiro de 1986
| Data | 07 Janeiro 1986 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C ART1037 ART1040 ART1041.
Sumário : I - Não ha oposição entre os fundamentos de facto e a decisão, quando ai se diz que o recorrente não afirma expressamente que a sua posse sobre o predio foi afectada apenas por actos de terceiro e não pela diligencia judicial, mas logo se acrescentando que resulta inequivocamente do que alegou e vem referido atras que não obstante a realização da diligencia de restituição judicial de posse, ele, com a mudança da fechadura da porta, posteriormente se encontrava na posse do predio, pelo que tal diligencia não ofendeu a sua posse. II - O embargante para atacar a diligencia judicial de posse por meio de embargos de terceiro, devia alegar e provar que a sua posse fora ofendida...
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