Acórdão nº 082942 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1993 (caso None)
| Magistrado Responsável | RAUL MATEUS |
| Data da Resolução | 18 de Fevereiro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1252 ART1287 ART1501.
Sumário : I - Na enfiteuse para que ocorra o "corpus" que caracteriza o domínio útil do enfiteuta a sua posse tem se traduzir, por um lado, em actos de utilização do prédio em termos de pleno uso e fruição e, por outro lado, no acto de pagamento, ano a ano, de foro ao senhorio directo. II - O actual Código Civil adoptou uma concepção subjectivista da posse: ao lado do "corpus", poder de facto sobre a coisa, tem de coexistir o "animus", isto é, a intenção de agir como beneficiário de...
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