Acórdão nº 99B045 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1999 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 29 de Abril de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART342. CRP84 ART7.
Sumário : I - Face ao preceituado no artigo 342 n. 1 do CCIV, o pleito terá que ser decidido contra a parte que não satisfez o ónus da afirmação e de prova dos factos constitutivos do seu direito. II - Nos termos do disposto no artigo 7 do CRP84, consagrador do "princípio da legitimação", basta ao Autor invocar a inscrição de um dado prédio no registo predial para fazer funcionar a seu favor (presunção juris tantum) a presunção de propriedade - presunção de coincidência da realidade registral com a extra-registral. III - Numa acção tendente a obter sentença declarativa de pertença de determinada área de um prédio a determinado...
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