Acórdão nº 076175 de Supremo Tribunal de Justiça (Portugal), 18 de Outubro de 1988 (caso NULL)
| Data | 18 Outubro 1988 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT L CARDOSO PART JUDIC 1970 VII PAG395.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART2119. CPC67 ART722 N2 ART729 N2 ART956 ART1311.
Jurisprudência Nacional: AC RL DE 1982/05/18 IN CJ ANOVII T3 PAG94.
Sumário : I - Nas acções de reivindicação, não basta ao Autor invocar o direito de propriedade da coisa reivindicada, sendo indispensavel na aquisição derivada alegar e provar factos tendentes a mostrar que adquiriu o predio por um titulo e que o direito de propriedade ja existia na pessoa do transmitente. A aquisição derivada serve para demonstrar a sua sucessão na posse do transmitente, com vista a usucapião. II - O reivindicante não precisa de alegar e provar a aquisição originaria, se a aquisição derivada não foi impugnada, ou for...
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