Acórdão nº 96B334 de Supremo Tribunal de Justiça (Portugal), 10 de Janeiro de 1997 (caso NULL)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 10 de Janeiro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART551 ART660 N2 ART653 ART668 N1 D ART690 N1 ART712 N3 ART716 ART722 N2. RAU90.
JurisprudÍncia Nacional: AC STJ DE 1991/02/27 IN AJ ANOXV T16 PAG8.
Sum·rio : I - O n„o uso, pela RelaÁ„o, dos poderes a esta conferidos pelo n. 3 do artigo 712 do CPC, n„o È passÌvel de censura pelo STJ. II - Numa acÁ„o de reivindicaÁ„o, o reconhecimento do direito de propriedade do autor implica a restituiÁ„o do prÈdio reivindicado, salvo se o rÈu provar a existÍncia de qualquer relaÁ„o (obrigacional ou real) que lhe confira a posse, ou detenÁ„o...
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