Acórdão nº 98A912 de Supremo Tribunal de Justiça (Portugal), 05 de Novembro de 1998
| Magistrado Responsável | GARCIA MARQUES |
| Data da Resolução | 05 de Novembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: JURISPRUDÊNCIA UNIFORME.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART279 N1 ART1044 ART1051.
Jurisprudência Nacional: AC STJ PROC424/96 DE 1997/02/06 2SEC. AC STJ PROC59574 DE 1963/05/03.
Sumário : I - O poder do tribunal em ordem a decretar a suspensão da instância, por prejudicialidade, não é um poder discricionário mas um poder legal limitado. II - Porque a acção de posse judicial se move no âmbito na presunção da titularidade da propriedade e da posse jurídica e nela o conhecimento do litígio se caracteriza pela sumariedade, a sua decisão não forma caso julgado material quer sobre uma quer sobre outra. III - Esta acção apenas servia para tornar efectiva a transmissão da posse efectuada pelo título ou pelo registo. IV - A pendência de acção em que se visa atacar a validade do direito de propriedade da coisa não é prejudicial da posse judicial avulsa. V - Entre os...
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