Acórdão nº 96A378 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1996 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 26 de Novembro de 1996 |
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. DIR REGIS NOT Legislação Nacional: CCIV66 ART1311. CPC67 ART498 N4 ART660 ART668 N1 D. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1986/12/02 IN BMJ N362 PAG537. AC STJ DE 1992/04/29 IN BMJ N416 PAG595. AC STJ DE 1993/02/04 IN CJSTJ ANOI TI PAG137. AC STJ DE 1994/04/26 IN CJSTJ ANOII TII PAG62. AC STJ DE 1995/02/07 IN CJSTJ ANOIII TI PAG67.
Sumário : I - O reivindicante só tem de provar que é proprietário da coisa e que esta se encontra na posse ou detenção do réu, o qual, por seu turno, tem o ónus de provar que é titular de um direito que legitima a recusa de restituição. II - Sendo a causa de pedir, nas acções reais, o facto jurídico de que...
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