Acórdão nº 067684 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 1979
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 06 de Fevereiro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1022 ART1023 ART1037 N2 ART1085 N1 ART1251. CCIV867 ART474. CPC67 ART393 ART664.
Jurisprudência Nacional: AC STJ DE 1977/02/15 IN BMJ N264 PAG194.
Sumário : I - Não pode pedir a restituição provisoria de posse, nos termos do artigo 393 do Codigo de Processo Civil, quem, por contrato, obteve a cessão de exploração de um estabelecimento industrial, contra actos de esbulho dos cedentes, donos do estabelecimento e do predio em que se encontra instalado, praticados apos notificação judicial do cessionario, para denuncia do mesmo contrato. II - Neste contrato, encarado como negocio unitario, nos termos do artigo 1085 do Codigo Civil, o direito de cessionario não se transmuda num direito real...
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