Acórdão nº 087411 de Supremo Tribunal de Justiça (Portugal), 18 de Janeiro de 1996
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 18 de Janeiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO128 PÁG146.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT.
Legislação Nacional: CCIV66 ART442 N2 N3 ART670 A ART755 F ART759 ART830. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11.
Sumário : I - O promitente-comprador, embora não tenha a posse da coisa que lhe é entregue, mas um direito pessoal de gozo, beneficia do direito de retenção - artigo 755, n. 1, alínea f) do Código Civil, pelo crédito resultante do não cumprimento imputável à outra parte nos termos do artigo 442 do mesmo Código. II - E de acordo com o disposto no artigo 759, n. 3 do Código Civil, sendo aplicável ao titular do direito de retenção, as regras do penhor, ele pode usar, em relação à coisa retida, das acções destinadas à defesa da...
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