Acórdão nº 96B002 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1996 (caso None)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 18 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLII 2ED PAG311. M ANDRADE RLJ ANO87 PAG307. O ASCENSÃO DIR REAIS 1971 PAG145.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART227 ART334 ART342 N1 N2 ART981 ART1029 ART1301 ART1305 ART1311 N1. CPC67 ART493 N3.
Sumário : I - Provado pelos autores o seu direito de propriedade e que o prédio em causa se encontra na detenção dos réus, a recusa destes de o entregarem àqueles quando tal lhes foi pedido, só poderia ter lugar se tivessem demonstrado a existência de um título decorrente de um direito de natureza real ou obrigacional que obstasse ao pleno exercício pelos autores do seu direito de propriedade sobre o imóvel. II - A admitir-se a existência, não demonstrada, de um contrato de sociedade, a entrada dos autores para essa sociedade com o prédio em apreço, para uso e fruição do estabelecimento, sempre integraria uma locação comercial, na perspectiva redutora do n. 2 do artigo 981, do C.CIV., o que implicaria a sua redução a escrito - o que não foi feito - nos termos do artigo 1029, n. 1, alínea b), do C.CIV., mediante a respectiva escritura pública. III - Ao reivindicarem um prédio que tinham permitido que...
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