Acórdão nº 076403 de Supremo Tribunal Administrativo (Portugal), 17 de Janeiro de 1989 (caso None)
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 17 de Janeiro de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA ANOTADO V3 2ED PAG50 PAG639.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART274 N2 A ART1035 ART1036. CCIV66 ART1551 N1.
Sumário : I - Se o autor de uma acção de manutenção ou de restituição invocar e provar a posse de um direito real limitado (v. g. de uma servidão aparente), o reu so evitara a sua procedencia se alegar e provar que tem sobre a coisa um direito de propriedade plena. II - Os artigos 1035 e 1036 do Codigo de Processo Civil estão gizados apenas sobre a posse correspondente a propriedade e, portanto, não preveem nem regulam os casos de direitos reais limitados. III - O artigo 1551, n. 1, do Codigo Civil (tem o objectivo de impedir a constituição da...
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