Acórdão nº 081803 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1992
Magistrado Responsável | RUI BRITO |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC EXEC / PROC ESP. DIR REGIS NOT.
Legislação Nacional: CRP67 ART7 ART8. CRP84 ART7. CCIV66 ART10 N2 ART227 ART239 ART272 ART275 ART291 N2 N3 ART408 ART409 N1 N2. CPC67 ART668 N1 D ART676 N1 ART680 N1 ART690 N1 ART1037 N2.
Sumário : I - Deve ter-se por ilidida a presunção derivada do registo para o respectivo titular, embargante, o qual não pode ser considerado terceiro de boa fé, se registou a aquisição do veículo sujeito a registo e o direito de propriedade plena, conhecendo, já antes da compra, que o veículo fora comprado sob reserva do domínio pelo transmitente que só registou a propriedade, omitindo a compra sob reserva do domínio, e que não chegou a pagar o preço, integralmente, ao respectivo vendedor do veículo, embargado nos embargos de terceiro propostos pelo sobredito...
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