Acórdão nº 077583 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1991 (caso None)
Data | 07 Novembro 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA. ORDENADA A BAIXA DO PROCESSO.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
LegislaÁ„o Nacional: CPC67 ART659 N2 N3 ART682 N1 ART684 N4 ART712 N2 ART713 N2 ART721 N1 ART722 N2 ART729 N1 N2. CCIV66 ART352 ART360 ART1251 ART1253 ART1268 N1.
JurisprudÍncia Nacional: AC STJ DE 1978/06/01 IN BMJ N278 PAG205. AC STJ DE 1978/11/22 IN BMJ N281 PAG342. AC STJ DE 1984/07/05 IN BMJ N339 PAG370.
Sum·rio : I - Para que o possuidor goze da presunÁ„o de titularidade do direito, prevista no n. 1 do artigo 1268 do Codigo Civil, e necessario, nos termos do artigo 1251 do mesmo Codigo, que exerÁam sobre a coisa o poder que se manifesta quando algum actua por forma correspondente ao exercicio do direito de propriedade e que a essa actuaÁ„o corresponda a intenÁ„o de exercer tal direito como titular (animus possidendi). II - A confiss„o da Re a reconhecer aos Autores a posiÁ„o de meros detentores ou possuidores...
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