Acórdão nº 079226 de Supremo Tribunal de Justiça (Portugal), 25 de Outubro de 1990
| Magistrado Responsável | FERREIRA DA SILVA |
| Data da Resolução | 25 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART513 ART884 ART1037 N1. CCIV66 ART342 N1 ART1254 ART1255 ART1257 ART1267 ART1268 N1 ART2050 Sum·rio : I - S„o requisitos indispensaveis a procedencia de embargos de terceiro: a) que o embargante seja terceiro; b) que tenha a posse efectiva ou real; c) que essa posse tenha sido ofendida pela diligencia judicial. II - A prova da posse cabe ao embargante (artigo 342 n. 1 do Codigo Civil). III - A posse traduz uma actuaÁ„o de facto por parte do possuidor, correspondente ao exercicio do seu direito: o chamado corpus. IV - Os embargos n„o podem proceder se n„o ha qualquer prova quanto a pratica de quaisquer actos tradutores do exercicio efectivo de poderes materiais sobre o predio...
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