Acórdão nº 080370 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1991 (caso None)
Magistrado Responsável | CASTRO MENDES |
Data da Resolução | 10 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR SUC. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART323 ART342 ART1305 ART1376 ART2187.
Jurisprudência Nacional: AC STJ DE 1978/11/22 IN BMJ N281 PAG342. AC RE DE 1981/10/20 IN BMJ N312 PAG323. AC STJ DE 1988/03/01 IN BMJ N375 PAG395.
Sumário : I - So quando não e possivel conhecer a vontade real do testador conforme ao contexto do testamento (artigo 2187 do Codigo Civil) devera recorrer-se a prova exterior. II - Incumbe a quem alegou a posse por meios pacificos o onus dessa prova por constituir um facto impeditivo dos efeitos pretendidos pelos autores com a acção de reinvindicação (artigo 342 do Codigo Civil). III - Tendo sido registado o titulo de propriedade em 25 de Março de 1976 e tendo os reus sido citados a 6 de Junho de 1983, não decorreu o prazo bastante para usucapião. Tal prazo não decorreu mesmo que se entenda que o prazo deve contar-se a partir da celebração da escritura - - 14 de Março de 1968 - ja que, tendo a acção sido proposta em 4 de Junho de 1982, o prazo de...
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