Acórdão nº 082834 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1992
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 07 de Outubro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART393 ART394 ART474 N1 C. CCIV66 ART1251 ART1253 ART1267 ART1277 ART1279.
Sumário : I - A procedência da providência cautelar de restituição provisória de posse depende da alegação e prova sumária de três requisitos a posse, o esbulho e a violência (artigos 393 e 394 do Código de Processo Civil e 1279 do Código Civil). II - A posse é constituída por dois elementos: o "corpus" e o "animus" (artigos 1251 e 1253 do Código Civil), o primeiro um elemento empírico e o segundo um elemento psicológico-jurídico. III - O possuidor, para ser restituído precisa de provar não só a posse actual mas ainda a sua duração superior a 1 ano, pois que, se a posse não for superior a 1 ano, só é restituído contra quem tiver melhor posse (artigos 1278, n. 2 e...
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