Acórdão nº 99B490 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1999 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 17 de Junho de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV867 ART476. CCIV66 ART243 N2 ART291 N3 ART762 N2 ART1260 N1 ART1340 N4 ART1648 N1.
Sumário : I - O CCIV de 1966 consagrou o conceito subjectivista da posse assente no "corpus" e no "animus", sendo a prova deste último feita por presunção, conforme o n. 2 do artigo 1252. II - As presunções "juris tantum" só são ilidíveis através de prova que demonstre não existir o facto presumido e não somente criar a dúvida a tal respeito. III - É à lei...
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