Acórdão nº 0043601 de Court of Appeal of Lisbon (Portugal), 05 de Novembro de 1991
| Magistrado Responsável | BARROS CALDEIRA |
| Data da Resolução | 05 de Novembro de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG / DIR REAIS.
Legislação Nacional: CCIV66 ART413 ART1253 C ART1263 D ART1265 ART1287 ART1290.
Sumário: I - A posse obtida por via de um contrato-promessa é precária e de mera tolerância. O promitente-comprador, não havendo eficácia real resultante desse contrato-promessa, passa a possuir o imóvel em nome de outrém, em nome do promitente vendedor (artigo 1253 alínea c) do Código Civil). II - A posse efectiva poderá ser adquirida por inversão do título de posse (artigo 1263 alínea d) do Código Civil). III - Sómente após se operar essa inversão do título de posse poderá iniciar-se a contagem do tempo que permitirá a aquisição da propriedade por usucapião (artigo 1290 do Código Civil). IV - Com a procuração não se transmitem direitos, designadamente o de propriedade...
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