Acórdão nº 9150504 de Court of Appeal of Porto (Portugal), 06 de Janeiro de 1992
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 06 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART204 N2 ART364 N1 N2 ART1083 N1 ART1086 N1 ART1088 ART1311 ART1405 N2. L 76/77 DE 1977/09/29 ART2 N1. L 77/77 DE 1977/09/29 ART7. L 109/88 DE 1988/09/26 ART3 N1. DL 385/88 DE 1988/10/25 ART2 N1. RAU90 ART3 N1 ART7 N1 N3.
Jurisprudência Nacional: AC RL DE 1974/05/15 IN BMJ N237 PAG298. AC RE DE 1974/07/24 IN BMJ N240 PAG279.
Sumário: I - O comproprietário de um imóvel não deixa de ser seu dono, embora conjuntamente com outro ou outros titulares; ainda que o direito de propriedade de cada consorte recaia apenas sobre uma quota ideal da coisa, é um direito que não incide sobre quota especificada, potencialmente abrangendo toda a coisa. II - O fim último da acção de reivindicação é a entrega do prédio cuja restituição se pede; quando o proprietário para além desse pedido, pede o reconhecimento do seu direito de propriedade de tal prédio, não está a formular dois pedidos distintos: apenas indica as duas operações ou as duas espécies de actividade que o tribunal tem de desenvolver para atingir aquele fim último da acção. Está-se, assim, perante uma acumulação aparente de pedidos. III - O arrendamento de...
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