Acórdão nº 082152 de Supremo Tribunal de Justiça (Portugal), 09 de Junho de 1992
| Magistrado Responsável | TAVARES LEBRE |
| Data da Resolução | 09 de Junho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1048 ART1049 N2.
Jurisprudência Nacional: AC STJ DE 1963/02/19 IN BMJ N124 PAG611. AC RL DE 1961/04/05 IN JR ANOVII PAG282. AC RP DE 1989/11/07 IN CJ TV ANOXIV PAG187.
Sumário : I - Na acção de posse judicial avulsa, com uma instrução limitada e sumaria do processo, so pode haver defesa indirecta limitada a excepção da posse e a excepção de uso e fruição da coisa por titulo legitimo, não sendo licita a invocação de simulação de titulo, que envolveria larga indagação de prova e decisão definitiva sobre a questão, incompativel com o tipo de acção de que se trata, cuja decisão não forma caso...
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