Acórdão nº 075940 de Supremo Tribunal de Justiça (Portugal), 07 de Abril de 1988
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 07 de Abril de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS. DIR ECON - DIR AGR.
Legislação Nacional: PORT 560/75 DE 1975/09/17. DL 406-A/75 DE 1975/07/29 ART1 ART8. CPC67 ART393. CCIV66 ART1258 N1 ART1279. L 77/77 DE 1977/09/29 ART25 N1.
Sumário : I - Cessa a restituição da posse se o possuidor for convencido na questão da titularidade do direito (artigo 1278 n. 1 do CCIV66). II - A lei protege a posse apenas por presumir que, por detrás dela, existe, na titularidade do possuidor, o direito real correspondente (cfr. artigo 1268 n. 1 do citado Código). III - Tendo-se apurado, no procedimento cautelar de restituição provisória de posse, o direito de propriedade das requeridas, através de actos administrativos definitivos e executórios...
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