Acórdão nº 073877 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1986
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 02 de Outubro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART352 ART353 ART356 N1 ART358 N1 ART1279. CPC61 ART394 ART500 N1 ART668 N1 D ART712 ART722 N2 ART729 N2 ART755 N2.
Jurisprudência Nacional: AC STJ DE 1979/06/10 IN BMJ N289 PAG244. AC STJ DE 1982/07/27 IN BMJ N323 PAG317. AC STJ DE 1983/01/04 IN BMJ N323 PAG315. AC STJ DE 1958/03/28 IN BMJ N75 PAG577. AC STJ DE 1980/10/15 IN AD N227 PAG1342. AC STJ DE 1985/01/11 IN AD N281 PAG597.
Sumário : I - Em providencia cautelar de restituição provisoria de posse por esbulho violento de uma casa, constitui importante questão de facto para caracterizar aquele esbulho a substituição das fechaduras da casa, confessada pelo requerido no articulado de oposição, pelo que não podem as instancias deixar de se pronunciar sobre tal facto. II - Tendo a 1 instancia silenciado inteiramente aquele facto, deve a Relação, como tribunal de instancia a quem cabe fixar, em definitivo, os factos materiais da causa, conhecer dessa questão que lhe foi colocada por via...
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