Acórdão nº 082152 de Supremo Tribunal Administrativo (Portugal), 09 de Junho de 1992 (caso None)
| Magistrado Responsável | TAVARES LEBRE |
| Data da Resolução | 09 de Junho de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - PROC ESP.
LegislaÁ„o Nacional: CPC67 ART1048 ART1049 N2.
JurisprudÍncia 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.
Sum·rio : I - Na acÁ„o de posse judicial avulsa, com uma instruÁ„o limitada e sumaria do processo, so pode haver defesa indirecta limitada a excepÁ„o da posse e a excepÁ„o de uso e fruiÁ„o da coisa por titulo legitimo, n„o sendo licita a invocaÁ„o de simulaÁ„o de titulo, que envolveria larga indagaÁ„o de prova e decis„o definitiva sobre a quest„o, incompativel com o tipo de acÁ„o de que se trata, cuja decis„o n„o forma caso...
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