Acórdão nº 070069 de Supremo Tribunal de Justiça (Portugal), 08 de Julho de 1982
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 08 de Julho de 1982 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART240 ART1316. CPC67 ART193 N1 N2 A ART474 N1 A ART479 N3 ART498.
Sumário : I - Para que possa ser atendido um pedido de declaração de que certos bens são propriedade de alguém, é necessário que se indique o meio por que esse alguém os adquiriu (artigo 1316 do Código Civil), sendo essa a causa de pedir. II - Não tem qualquer significado, sendo consequentemente ininteligível, o pedido formulado no sentido de ser declarado que é "simulada" a propriedade que alguns dos Réus se arrogam sobre os mesmos bens. Só os negócios jurídicos, através dos quais eles se arrogam tal propriedade, podem ter sido objecto de simulação. Não vindo eles indicados, não é possível...
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