Acórdão nº 067684 de Supremo Tribunal Administrativo (Portugal), 06 de Fevereiro de 1979 (caso None)
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 06 de Fevereiro de 1979 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART1022 ART1023 ART1037 N2 ART1085 N1 ART1251. CCIV867 ART474. CPC67 ART393 ART664.
JurisprudÍncia Nacional: AC STJ DE 1977/02/15 IN BMJ N264 PAG194.
Sum·rio : I - N„o pode pedir a restituiÁ„o provisoria de posse, nos termos do artigo 393 do Codigo de Processo Civil, quem, por contrato, obteve a cess„o de exploraÁ„o de um estabelecimento industrial, contra actos de esbulho dos cedentes, donos do estabelecimento e do predio em que se encontra instalado, praticados apos notificaÁ„o 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 n„o se transmuda num direito real...
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