Acórdão nº 081840 de Supremo Tribunal Administrativo (Portugal), 03 de Junho de 1992 (caso None)
Data | 03 Junho 1992 |
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 - DIR REAIS / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART204 N1 E N3 ART280 N1 ART292 ART294 ART406 N2 ART408 N2 ART432 N1 ART435 N1 N2 ART842 ART880 N1 ART1212 ART1306 N1 ART1311 N1 ART1316. CPC67 ART467 N1 C ART498 ART673 ART676 N1 ART678 N1 ART684 N2 N3 N4 ART712 N2 ART729 N3 ART730 N1 ART842 N1. L 38/87 DE 1987/12/23 ART16.
Sumário : I - A força de caso julgado cobre apenas a decisão e não tambem, pelo menos em principio, os seus motivos ou pressupostos, ainda que antecedentes indispensaveis da parte dispositiva do julgado. II - O objecto do recurso e limitado a parte dispositiva das decisões. III - Para que seja reconhecido o direito de propriedade do autor sobre a coisa reivindicada não basta invocar a qualidade de proprietario da mesma coisa, antes sendo necessario alegar o titulo aquisitivo desse direito (compra, permuta, doação, sucessão, usucapião, ocupação, acessão, etc.). IV - Se a eficacia do contrato invocado pelo autor e meramente obrigacional, a resolução do mesmo contrato apenas pode justificar o direito...
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