Acórdão nº 074669 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1987 (caso None)
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 25 de Junho de 1987 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE NOÇÕES ELEMENTARES DE PROC CIV 1979 PAG356 PAG343.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART1311. CRP67 ART8. CRP84 ART7. CPC67 ART264 N2 ART457.
Sumário : I - Na acção de reivindicação, a invocação de aquisição originaria obriga a prova dos factos de que emerge o direito, enquanto que a de aquisição derivada obriga a prova de que o direito ja existia no transmitente. II - Nesta ultima hipotese e de natureza relevante a invocação de presunção legal, como a que deriva do registo - artigo 7 do Codigo de Registo Predial. III - As partes não podem nem devem formular pedidos ilegais, nem deduzir diligencias meramente dilatorias, nem articular factos contrarios a verdade, nem podem usar as acções sabendo que não lhes assiste o direito invocado, nem servir-se da...
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