Acórdão nº 078793 de Supremo Tribunal de Justiça (Portugal), 07 de Novembro de 1990 (caso NULL)
Magistrado Responsável | SIMÕES VENTURA |
Data da Resolução | 07 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART476 ART518 ART2306. CCIV66 ART551 ART562 ART1340 N4. CPC67 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1980/01/12 IN BMJ N294 PAG341. AC STJ DE 1984/07/05 IN BMJ N339 PAG413. AC STJ DE 1971/10/16 IN BMJ N218 PAG252. AC STJ DE 1986/03/06 IN BMJ N355 PAG373.
Sumário : I - No dominio do Codigo Civil de 1867, para que haja acessão nos termos do seu artigo 2306, deve o autor da acessão possuir o terreno em nome proprio, com boa-fe e justo titulo, ou seja, deve a posse ser titulada, isto e, fundar-se em qualquer modo legitimo de adquirir, e o possuidor estar de boa-fe, por ignorar os eventuais vicios do titulo de aquisição. II - Nos termos do Codigo Civil vigente, a acessão depende, para a sua verificação somente de...
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