Acórdão nº 078812 de Supremo Tribunal de Justiça (Portugal), 12 de Junho de 1990 (caso NULL)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 12 de Junho de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART342 N2 ART1311. CPC67 ART510 N2 C ART660 N2 ART668 N1 ART676 N1 ART677 ART684 N2 N3 N4. CRP84 ART7.
Jurisprudência Nacional: ASS STJ DE 1989/11/29 IN DR IS 1990/02/23.
Sumário : I - É possível, nos termos do artigo 684, ns. 2 e 3 do Código de Processo Civil, restringir o recurso nas conclusões da respectiva alegação, mas não ampliá-lo. II - Os recursos só servem para reapreciação das questões que forem e podiam ser solucionadas na decisão recorrida, e não para discussão e solução de questões novas, ou simplesmente não incluídas nessa decisão. III - O objecto do recurso de revista não pode ir além daquilo que foi, e podia ser, objecto da apelação e, dentro desta, ainda será delimitado pelas conclusões da alegação respectiva - artigo 676, n. 1 e 684, n. 3 do Código de Processo Civil. IV - Tendo determinado prédio sido construido pelos autores em lote de terreno por eles comprado e cuja propriedade está inscrita na respectiva Conservatória do Registo Predial, estamos perante uma presunção registral - artigo 7 do Código do Registo Predial. V - Não tendo tal presunção sido ilidida nem sequer posta em causa, verifica-se o condicionalismo fáctico...
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