Acórdão nº 080852 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1992 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: B MACHADO SOBRE A APLICAÇÃO DAS LEIS NO TEMPO P149 P161. P LIMA NOÇÕES FUNDAMENTAIS DE DIR CIV VII P130. M RODRIGUES A POSSE P285.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART12 N2 ART297 N1 ART350 N1 ART1255 ART1296 ART2050 N1. CCIV867 ART483 ART529. DL 47344 DE 1966/11/25 ART2 N1. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1971/03/19 IN BMJ N305 PAG294.
Sumário : I - Posse sem justo titulo, de ma fe, e sem registo de titulo ou de posse, iniciada em 1949, so conduz a aquisição do dominio de coisa imovel por usucapião ao fim de 30 anos (artigo 529 do Codigo Civil de 1867). II - Tendo a posse durado ate 1964 e não havendo posteriormente actos materiais de posse por parte dos herdeiros do possuidor, a usucapião não opera a favor destes. III - O registo do dominio a favor de outrem, efectuado em 26 de Outubro de 1970, prevalece sobre aquela posse, pois faz...
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