Acórdão nº 073687 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1986
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 25 de Fevereiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART408 N1 ART410 ART442 N3 ART670 A ART759 N3 ART830 ART879 A ART944 A ART1261 N2 ART1317 A. CPC67 ART393 ART394 ART399 ART668 N1 D. CRP84 ART7 N1 ART8. DL 236/80 DE 1980/07/18 ART1 ART3.
Sumário : I - Para obter a restituição de posse o requerente tem de alegar e provar factos que constituam a posse da coisa, o esbulho e a privação de posse por meio de violencia - artigos 393 e 399 do Codigo de Processo Civil e artigo 1279 do Codigo Civil. II - No contrato-promessa a "tradição da coisa" confere ao promitente-comprador o direito de retenção sobre ela pelo credito (sinal em dobro, valor da propria coisa, etc) que este, eventualmente, possa vir a ter contra o promitente - vendedor, em caso de incumprimento deste. III - "In casu" o direito de retenção constitui o promitente - comprador na posse legitima da coisa transmitida, pelo menos enquanto não for pago o credito resultante do incumprimento do contrato-promessa, funcionando como uma especie de...
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