Acórdão nº 084424 de Supremo Tribunal de Justiça (Portugal), 29 de Setembro de 1993
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART304 N1 ART381 ART393 ART394 ART412 ART474 N1 C ART668 N1 D. CRP84 ART7 ART8. CCIV66 ART255 ART1251 ART1261 N2 ART1279.
Jurisprudência Nacional: AC RE DE 1974/07/03 IN BMJ N240 PAG281. AC STJ DE 1983/03/15 IN BMJ N325 PAG578. AC STJ DE 1978/05/02 IN BMJ N277 PAG168. AC STJ PROC84128 DE 1993/06/29.
Sumário : I - Dispõe o artigo 393 do Código de Processo Civil que, no caso de esbulho violento, pode o possuidor pedir que seja restituido provisoriamente à sua posse, o bem em causa, alegando os factos que constituem a posse, o esbulho e a violência. II - A presunção de propriedade derivada do registo, nos termos dos artigos 7 e 8 do Código de Registo Predial não prova que o titular da respectiva inscrição esteja na posse efectiva do prédio registado. III - Posse, segundo o artigo 1251 do Código Civil, é o poder que se manifesta quando alguém actua por forma correspondente ao exercício do direito de propriedade ou de outro direito real. A posse pressupõe uma relação entre a pessoa e a coisa (corpus e o animus). IV - O requerente da providência que constitui a restituição provisória de posse, está na posse do direito de propriedade que alega se independentemente da existência desse direito , actua por forma correspondente ao seu exercício. V - As testemunhas indicadas...
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