Acórdão nº 074738 de Supremo Tribunal Administrativo (Portugal), 28 de Abril de 1987 (caso None)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 28 de Abril de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M RODRIGUES RLJ ANO51 PAG30. P LIMA VARELA CCIV ANOTADO V3 PAG313. P COELHO DA COMPROPRIEDADE NO DIREITO PORTUGUES V2 PAG134.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CPC67 ART664. CCIV66 ART297 ART303 ART305 ART1256 ART1292 ART1380 ART1405 ART1412. CCIV867 ART515 ART529. L 2116 DE 1961/08/14 BVI.
Jurisprudência Nacional: AC STJ DE 1972/11/02 IN BMJ N221 PAG270. AC RC DE 1977/12/16 IN CJ ANOV PAG1140. AC RC DE 1983/01/25 IN CJ ANOVIII PAG40.
Sumário : I - E nos articulados que se apresenta o litigio ao tribunal e se expõe ao juiz os termos exactos da controversia entre autor e reu, contrapondo os factos deste aos factos daquele. II - O juiz so pode servir-se dos factos articulados pelas partes, estando vinculado as afirmações destas na apresentação dos mesmos, devendo, em regra, abster-se de considerar factos que não tenham alegado. E o principio dispositivo. III - O Supremo Tribunal de Justiça, como tribunal de revista, tem que acatar os factos materiais soberanamente fixados pela Relação. IV - A invocação da usucapião pode ser implicita ou tacita. V - A partilha de facto amigavel, embora juridicamente irrelevante, inverte o...
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