Acórdão nº 081816 de Supremo Tribunal de Justiça (Portugal), 09 de Abril de 1992
Magistrado Responsável | PIRES DE LIMA |
Data da Resolução | 09 de Abril de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART668 N1 D. CCIV66 ART442 N3 ART670 A ART758 ART759 ART1133 N2 ART1251 ART1252 ART1277 NA REDACÇÃO DO DL 236/80 DE 1980/07/18.
Sumário : I - No dominio da reforma do Decreto-Lei 236/80 e tendo por base uma situação de tradição de imovel, na sequencia de um contrato-promessa de compra e venda, que concede ao promitente comprador uma situação de direito de retenção (artigo 442 n. 3 do Codigo Civil), este pode socorrer-se de uma acção possessoria contra terceiro para poder haver deste o predio prometido vender. II - A entender-se que no caso e pela tradição, passou a existir uma situação de posse, essa faculdade seria concedida pelo disposto no artigo 1277 do Codigo Civil. III - A entender-se que se tratara antes de uma situação como de comodato, então a faculdade seria concedida pelo disposto no artigo 1133 do Codigo Civil. IV - A entender-se, ao contrario, que sera antes uma situação de mero direito...
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