Acórdão nº 96A914 de Supremo Tribunal de Justiça (Portugal), 27 de Maio de 1997 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 27 de Maio de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLIII 2ED PAG115/116. H MESQUITA IN RLJ ANO125 PAG94/95.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG / TEORIA GERAL / DIR REAIS.
Legislação Nacional: CPC67 ART498 N4. CCIV867 ART474 ART510 ART517 ART521 ART522 ART523 ART529. CCIV66 ART12 N1 N2 ART442 N3 ART755 ART799 N1 ART830 N1 N2 ART930 N1 N2 ART1251 ART1253 ART1259 ART1260 N1 ART1262 ART1296 ART1297 ART1311. DL 236/80 DE 1980/07/18. DL 379/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1986/12/02 IN BMJ N362 PAG537. AC STJ DE 1995/02/07 IN CJSTJ 1995 TI PAG67. AC STJ DE 1985/03/21 IN BMJ N345 PAG408. AC STJ DE 1985/10/31 IN BMJ N349 PAG466. AC STJ DE 1987/01/22 IN BMJ N363 PAG470. AC STJ DE 1991/09/25 IN BMJ N409 PAG769. AC STJ DE 1991/12/03 IN BMJ N412 PAG432. AC STJ DE 1994/04/26 IN CJSTJ 1994 TII PAG62.
Sumário : I - O reivindicante só tem de provar que é proprietário da coisa e que esta se encontra na posse e detenção do réu, o qual, por seu turno, tem de provar que é titular de um direito que legitima a recusa de restituição. II - O reivindicante tem de provar a usucapião quando invoca esta forma de aquisição originária da propriedade, não lhe bastando provar simplesmente a aquisição derivada da propriedade mas também - que o direito de propriedade já existia na pessoa do transmitente. III - A lei nova deve respeitar a situação jurídica gerada à sombra do anterior...
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