Acórdão nº 064925 de Supremo Tribunal de Justiça (Portugal), 12 de Julho de 1974
| Magistrado Responsável | ACACIO CARVALHO |
| Data da Resolução | 12 de Julho de 1974 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART12 N2 ART1316 ART1317 D ART1340. CCIV867 ART476 ART518 ART2306. CNOT35. CNOT60. CNOT67.
Jurisprudência Nacional: ASS DE 1969/11/28. AC STJ DE 1971/01/15 IN BMJ N203 PAG163.
Sumário : I - O momento da aquisição da propriedade por meio de acessão e o da verificação dos factos respectivos. Por isso, II - Se a incorporação em terreno alheio de uma casa de habitação e de algumas arvores ocorreu antes da publicação do actual Codigo Civil, estão desde logo verificadas as condições para a aquisição da respectiva propriedade por meio de acessão segundo o regime previsto no Codigo Civil de 1867 ainda que posteriormente, ja depois da entrada em vigor daquele Codigo, a casa tenha sido melhorada e aumentada e outras arvores hajam sido plantadas no terreno. III...
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