Acórdão nº 085776 de Supremo Tribunal de Justiça (Portugal), 18 de Outubro de 1994 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 18 de Outubro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA IN RLJ ANO104 PAG9. O ASCENSÃO DIR CIV REAIS 4ED PAG113. M PINTO IN TEORIA GERAL DO DIR CIV PAG375.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART216 ART244 N2 ART1045 ART1273 ART1275 ART1311.
Sumário : I - Na acção de reivindicação, demonstrado pelo autor o seu direito de propriedade, o réu só pode evitar a restituição da coisa desde que demonstre que tem sobre ela outro qualquer direito real que justifique a sua posse ou que o detém por virtude de direito pessoal bastante. II - Tratando-se de estabelecimento comercial funcionando como restaurante, compete ao réu demonstrar a inexistência por parte do autor reivindicante, que este não dispunha de alvará que lhe permitisse o funcionamento desse restaurante que explorava. III - Os efeitos da reserva mental são determinados pelo artigo 244, n. 2 do Código Civil, no qual se estatui a irrelevância da mesma, excepto se for conhecida do declaratário. IV - Não bastará, porém, para a relevância da reserva, a sua cognoscibilidade, sendo necessário o seu efectivo conhecimento. V - Entende-se por benfeitoria o...
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