Acórdão nº 075080 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 30 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO112 PAG189 ANO110 PAG173. P LIMA A VARELA CCIV ANOTADO V3 PAG1. A VARELA DAS OBRIGAÇÕES EM GERAL 2ED V1 P169 NOTA3.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART1022 ART1023 ART1031 B ART1085 N1 ART1251 ART1253 C ART1276 ART1285 ART1286. CPC67 ART1037. CCIV867.
Jurisprudência Nacional: AC STJ DE 1979/02/06 IN BMJ N284 PAG120. AC STJ DE 1977/02/15 IN BMJ N264 PAG194.
Sumário : I - Os embargos de terceiro são um meio de defesa da posse. II - A posse e um instituto privativo dos direitos reais. III - O direito do locatario não e um direito real, mas obrigacional. IV - O locatario não possui a coisa locada em nome proprio, mas em nome do locador, e e havido como detentor precario. V - O locatario que for privado da coisa ou perturbado no exercicio dos seus direitos, pode usar, mesmo contra o locador, dos meios facultados ao possuidor nos artigos 1276 e seguintes do Codigo Civil. VI - A causa de pedir nos embargos de terceiro desdobra-se em dois elementos: a posse de terceiro e a diligencia judicial ofensiva dessa posse. VII - Não obstante a definição dada pelo artigo 1251 do Codigo Civil, admite-se a posse relativamente a certos direitos pessoais ou...
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