Acórdão nº 078675 de Supremo Tribunal de Justiça (Portugal), 20 de Março de 1990 (caso NULL)
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 20 de Março de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART712 ART722 ART729. CRP84 ART7.
Sumário : I - Numa acção de reivindicação cabe ao Autor demonstrar em primeiro lugar que tem o direito de propriedade sobre a coisa reivindicada e, depois, que esse direito se encontra ilicitamente na posse ou detenção de outrem. II - Quanto aquele direito de propriedade ha que provar, alem da aquisição derivada, tambem a aquisição originaria, ou seja, que o direito ja existia no transmitente. Esta prova torna-se, porem, desnecessaria se o Autor beneficiar da presunção estabelecida pelo artigo 7 do Codigo de Registo Predial. III - O Supremo Tribunal...
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