Acórdão nº 086054 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1994
| Magistrado Responsável | MIGUEL MONTENEGRO |
| Data da Resolução | 07 de Dezembro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1037 N1 N2. CCIV66 ART1251 ART1260 ART1282 B.
Sumário : I - A posse consubstancia-se na verificação de dois elementos - "corpus" - detenção material da coisa, e "animus", intenção de a considerar como sua e própria, acrescendo a componente jurídica e civil da posse, que é o mesmo que dizer que ela terá legal fundamento. II - No caso dos autos, à embargante ocorriam aqueles dois elementos, só que lhe faltava a posse jurídica e civil, pois a casa em questão, morada de família, por decisão judicial na acção de divórcio foi atribuída à embargada. III - Com tal decisão, foi subtraída a disponibilidade da fruição da...
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