Acórdão nº 084598 de Supremo Tribunal de Justiça (Portugal), 07 de Dezembro de 1993 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 07 de Dezembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV867 ART476 ART517 ART529. CCIV66 ART12 N2 ART279 N1 ART1251 ART1253 ART1259 ART1260 N1 ART1262 ART1263 A ART1287 ART1296 ART1297. L 6/80/M DE 1980/07/05 ART7 ART8 ART200. PORT 303 DE 1914/12/16 ART1. L 54 DE 1913/07/16 ART1.
Jurisprudência Nacional: AC STJ DE 1981/03/19 IN BMJ N305 PAG294.
Sumário : I - De harmonia com o disposto no n. 2 do artigo 12 do Código Civil a lei nova é competente para regular a constituição das situações jurídicas cujo processo constitutivo não está concluido no momento da sua entrada em vigor, salvo quanto á validade formal e á capacidade, embora a lei nova só possa conferir eficácia constitutiva a factos passados sob o domínio da lei antiga se esta já atribuia relevância idêntica aos mesmos factos. II - Tendo o início da posse ocorrido, na pior das hipóteses, no ano de 1949, estava em curso de constituição a aquisição originária do domínio útil de determinados prédios urbanos por usucapião, que era de trinta anos (artigo 529 do Código Civil de 1867)...
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