Acórdão nº 077713 de Supremo Tribunal Administrativo (Portugal), 26 de Outubro de 1989 (caso None)
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 26 de Outubro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV867 ART476 ART510 ART520. CCIV66 ART297 N1 ART1253 A ART1260 ART1296.
Sum·rio : I - O "corpus" da posse caracteriza-se por uma relaÁ„o que deve ajustar-se ao que È exigido pelo fim da utilizaÁ„o da coisa sob o ponto de vista econÛmico. II - Sendo a coisa um talh„o de terreno para construÁ„o, cujo natural aproveitamento È a edificaÁ„o, o aproveitamento agrÌcola pelos Autores, conhecido pelo dono da coisa, podia ser tolerado por n„o impedir o respectivo aproveitamento oportuno para construir. III - DaÌ que os actos de posse invocados pelos Autores e dados como provados se apresentem sem a univocidade que materialize suficientemente o "corpus" da posse. IV - Aquele contra quem se pretende invocar a usucapi„o sÛ pode defender-se de actos que possam entender-se como executados no ‚mbito da mera toler‚ncia se houver uma express„o objectiva, cognoscÌvel, da intenÁ„o de agir como benefÌcio do direito. V - Como o artigo 476 do CÛdigo Civil anterior definia a boa fÈ como aquela que procede de tÌtulo, cujos...
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