Acórdão nº 083950 de Supremo Tribunal de Justiça (Portugal), 19 de Outubro de 1993
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CONST - DIR FUND. DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR FAM. DIR REGIS NOT.
Legislação Nacional: CPC67 ART668 N1 C ART722 N2. CCIV66 ART236 N1 ART245 ART293 ART371 ART892 ART1682-A N3 ART1687 N2. CRC78 ART5 ART261. CONST89 ART36 N3.
Sumário : I - As escrituras públicas, como documentos autênticos que são, só fazem prova plena dos factos nelas atestados com base nas percepções da entidade competente para as exarar e, portanto, de terem sido prestadas pelos outorgantes as declarações que delas constam, e não que as mesmas sejam verdadeiras. II - A anulação de venda de coisa alheia apenas se aplica na relação entre o alienante e o adquirente; em relação ao proprietário a venda é ineficaz. III - A alienação de imóvel, pertencente ao património comum do casal, com violação do artigo 1682-A n. 1 A do Código Civil de 1966, é apenas anulável a requerimento do cônjuge que não deu o consentimento, ou dos seus herdeiros, conforme estabelece o artigo 1687 n. 1 desse Código; e nos termos do n. 2 do mesmo artigo, torna-se definitivamente válida se o direito de anulação não for exercido nos seis meses...
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