Acórdão nº 075987 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1988
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 06 de Outubro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART343 N1 ART1389 ART1390 N2. D 5787 DE 1919/05/10 ART99 PARUNICO. CPC67 ART722 N2 ART729 N2.
Sumário : I - Nas acções declarativas de simples apreciação negativa, compete ao Reu, de acordo com o artigo 343, n. 1 do Codigo Civil, a prova dos factos constitutivos do direito que se arroga. II - O facto da agua em questão vir ha mais de cem anos abastecendo a população do Gueral, sem qualquer oposição ou interrupção, dai não resulta qualquer presunção de dominialidade dessa agua a favor da Re Junta de Freguesia, pois a referida população tera o direito a servir-se de tais aguas, sem que tal direito atribua a propriedade da mesma agua a Re. III - A Re podera, porem, ter adquirido tal propriedade no caso de se verificar justo titulo para essa aquisição - artigo 99, da Lei das Aguas e artigo 1389 do Codigo Civil, mas quando ele seja a usucapião, esta so e atendida quando for acompanhada da...
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