Acórdão nº 088097 de Supremo Tribunal de Justiça (Portugal), 26 de Março de 1996
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 26 de Março de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS. DIR PROC CIV - PROC ESP. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART274 N3 ART568 ART1052. DL 448/91 DE 1991/11/29 ART53 N1 ART56 N3. CCIV66 ART204 N2 ART217 N1 N2 ART219 ART1317 D ART1333 N4 ART1335 N1 N2 ART1339 ART1340 N4 ART1343. CONST89 ART62.
Sumário : I - Na acção de processo comum em que o autor pede o reconhecimento do direito de propriedade sobre certo prédio, é licito ao reú pedir em reconvenção o reconhecimento do direito de propriedade sobre parte desse prédio com fundamento na acessão industrial. Não existe em tal caso o obstáculo do artigo 274 n. 3 do Código de Processo Civil de 1967, ou seja de ao pedido reconvencional corresponder forma diferente da da acção. II - A acessão...
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