Acórdão nº 96A342 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1996 (caso NULL)
| Magistrado Responsável | RAMIRO VIDIGAL |
| Data da Resolução | 25 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART279 ART466 ART497 ART498 ART813 ART817 N1 B ART928 ART939 N1 ART1044 ART1049 N2 ART1051.
Jurisprudência Nacional: ASS STJ DE 1960/05/24 IN BMJ N97 PAG173.
Sumário : I - Basta que o autor prove a existência a seu favor de um título translativo de propriedade, juntando o documento comprovativo, sendo caso disso, de estar sujeito a registo ou em condições de o ser, para requerer que lhe seja conferida a posse ou a entrega judicial da coisa. II - A posse judicial avulsa destina-se a permitir ao adquirente de um direito real, designadamente do de propriedade, por um título translativo em razão do qual lhe foi conferida a posse jurídica mas não a posse efectiva, que reclame do detentor a entrega da respectiva...
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