Acórdão nº 074965 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1987 (caso None)
Magistrado Responsável | GOMES DOS SANTOS |
Data da Resolução | 16 de Julho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART342 N1 N2 ART369 ART371 ART947 ART1251 ART1252 N2 ART1287. CCIV867 ART468 ART517 ART518 ART521 - ART523 ART529. CPC67 ART653 N2 ART655 N2 ART722 N2 ART729 N2. CNOT67 ART89 A.
Sum·rio : I - A doaÁ„o de coisas imoveis so e valida se for celebrada por escritura publica e, segundo o artigo 655, n. 2 do Codigo de Processo Civil, quando a lei exija, para a existencia ou prova do facto juridico, qualquer formalidade especial, n„o pode esta ser dispensada. II - O tribunal n„o se pronunciara sobre os factos que so possam provar-se documentalmente. Consequentemente o tribunal colectivo n„o podia responder afirmativamente sobre a quest„o posta no quesito, respeitante precisamente a existencia de doaÁ„o de bens imoveis. III - Tendo as res exercido os poderes em que se traduz o direito de propriedade, que e o "corpus" da posse, e nada se tendo provado quanto ao "animus"...
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