Acórdão nº 085467 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1994 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 04 de Junho de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS ANOI VOLV PÁG54. A CASTRO ACÇÃO EXECUTIVA 1970 PÁG406.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART1293 ART1440 ART1485. CPC67 ART660 N2 ART1044.
Jurisprudência Nacional: AC RP DE 1989/11/07 IN CJ ANOXIV TV PÁG187.
Sumário : I - Os tribunais de recurso só podem apreciar e decidir questões apreciadas e decididas nos tribunais recorridos e não de questões novas e que não sejam do conhecimento oficioso - artigo 660, n. 2 do Código de Processo Civil. II - O direito ao uso e habitação não pode constituir-se por usucapião - artigos 1293, 1440, 1485 do Código Civil - além de que a Ré não tem a posse, pois viveu no andar apenas por mera tolerância da sua...
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