Acórdão nº 081349 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1992
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCOM888 ART29 ART44. CCIV66 ART297 N1 ART323 ART324 ART325 ART371 ART376 ART392 ART393 ART408 N1 ART786 ART787 ART874 ART879 A B C ART1259 ART1260 N2 ART1262 ART1287 ART1292 ART1293 ART1294 ART1295 ART1296 ART1297 ART1362. CPC67 ART264 ART456 N2 ART712 N1 A B C ART722 N2. CCIV867 ART475 ART476 ART517 ART523 ART526 ART527 ART528 ART529 ART552.
Sumário : I - A Relação só pode alterar as respostas aos quesitos dadas em 1 instância nos casos das alíneas a) b) e c) do n. 1 do artigo 712 do Código de Processo Civil. II - A prova de pagamento do preço num contrato não está sujeita a qualquer formalidade, de sorte que é de admitir qualquer meio de prova, incluindo a prova testemunhal, salvo se o negócio tiver sido celebrado por documento autêntico, ou particular, nos termos do artigo 395 do Código Civil. III - A usucapião é integrada por dois elementos: a posse de um direito real e o seu prazo. IV - A posse, para que possa funcionar o instituto da usucapião deve ser titulada, de boa fé, publica e continuada. V - Se a posse não for titulada presume-se de má fé. VI -...
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