Acórdão nº 9730401 de Court of Appeal of Porto (Portugal), 18 de Setembro de 1997
Magistrado Responsável | PIRES CONDESSO |
Data da Resolução | 18 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1268 N1 ART1311 N2. CPC67 ART1033 ART1034 ART1035 ART1036. CRP83 ART7.
Sumário: I - Em acção de restituição de posse, a posse não protegida por qualquer disposição especial do Código Civil ( locação, comodato, etc... ) cede sempre perante a prova da propriedade do réu reconvinte. II - No caso de concessão do uso de um terreno rústico feita por uma Junta de Freguesia a outrem, sendo a retribuição acordada a contraprestação de tal uso, com destino à instalação de comércio ou indústria mediante obras levadas a efeito e com autonomia face aquela concessão do uso do rústico, daí resultando um prédio urbano, este pode ser penhorado e vendido durante a vigência daquele contrato. III - O disposto no artigo 1268 n.1 do Código Civil não contém em si qualquer presunção de posse mas apenas de titularidade do direito e, assim, nas acções de restituição de posse, olhadas do ponto de...
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