Acórdão nº 086296 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1995 (caso None)
| Data | 21 Fevereiro 1995 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART371 N1 ART393 N2. CRP83 ART7 ART8. CPC67 ART446 N1 N2 ART449 N1.
Jurisprudência Nacional: AC STJ DE 1978/06/01 IN BMJ N278 PAG205. AC STJ DE 1978/11/22 IN BMJ N281 PAG342.
Sumário : I - Uma escritura pública de doação de um terreno em que o notário não atestou, com base em percepções suas, as confrontações do terreno doado e a respectiva área, só faz prova plena de que os outorgantes prestaram as declarações que dela constam. II - Em tais circunstâncias, nada impede a produção de prova testemunhal no que respeita à área de terreno efectivamente doada e ocupada pelos donatários. III - A presunção resultante do artigo 7 do Código do Registo Predial não abrange a área e as confrontações do prédio que consta do registo, tratando-se de elementos passíveis de rectificação ou actualização e...
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