Acórdão nº 076467 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1988
Data | 14 Dezembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT VAZ SERRA RLJ ANO114 PAG278.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART342 N1 ART374 N1 ART376 N1 N2 ART396 ART1037 N2 ART1253 C ART1276 ART1278 N1 ART1284 N1 N2. CPC67 ART511 N4 ART722 N2 ART1033. DL 242/85 DE 1985/07/09.
Jurisprudência Nacional: AC STJ DE 1977/06/30 IN BMJ N280 PAG204. AC STJ DE 1982/06/22 IN BMJ N318 PAG415. AC STJ DE 1980/03/06 IN RLJ ANO114 PAG278.
Sumário : I - A qualidade de inquilino não confere ao locatario o exercicio de uma posse em nome proprio, sendo um possuidor em nome do senhorio-possuidor precario, no entanto, permite-se-lhe - artigo 1037, n. 2 do Codigo Civil o uso dos meios possessorios, mesmo contra o locador, se for esbulhado ou perturbado no exercicio dos seus direitos sobre o arrendado. II - Assim competia ao Autor fazer a prova da qualidade do inquilino - artigo 342 n. 1 do Codigo Civil - o que ele não fez, pois os arrendatarios eram os Reus, estando no andar por mero favor. III - Os documentos particulares assinados e não impugnados teem uma força probatoria plena restrita as relações entre os declarantes e declaratarios que neles intervieram, mas quanto a terceiros...
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