Acórdão nº 9421131 de Court of Appeal of Porto (Portugal), 28 de Março de 1995
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 28 de Março de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO DO PRIMEIRO JUÍZO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1052. CCIV66 ART1253 ART1255 ART1256 N1 N2 ART1263 E ART1267 N1 C ART1412 ART1413.
Jurisprudência Nacional: AC STJ DE 1976/07/06 IN BMJ N259 PAG227. AC RP DE 1982/11/09 IN CJ T5 ANOVII PAG210. AC RP DE 1989/12/21 IN BMJ N392 PAG513.
Sumário: I - Para que possa obter a divisão da coisa comum, é sempre necessário que o autor-requerente alegue e prove, além do mais, que dela é comproprietário. II - A aquisição de direitos por usucapião está dominada pelo princípio de que a posse é a medida do direito adquirido. III -...
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