Acórdão nº 073648 de Supremo Tribunal Administrativo (Portugal), 18 de Março de 1986 (caso None)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 18 de Março de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: CIT BMJ ANO112 PAG426. RT ANO80 PAG72. A REIS PROC ESP. Z NETO POSSE JUDICIAL.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART341 ART342 ART2024 ART2026 ART2050 ART2179 ART2249. CPC67 ART729 N1 N3 ART730 ART1044 ART1045 N2 ART1047 ART1049 ART1050.
Jurisprudência Nacional: AC STJ DE 1926/11/26 IN RLJ ANO59 PAG361. AC STJ DE 1949/02/11 IN RLJ ANO82 PAG251.
Sumário : I - Para se requerer a posse judicial, tem de apresentar-se um titulo translativo da propriedade e documento comprovativo do registo definitivo ou de estar em condições de se efectuar, desde que se trate de acto susceptivel de registo. II - O testamento como meio de adquirir e titulo translativo da propriedade e pode fundamentar o pedido de posse judicial avulsa. III - Esta acção tem de ser proposta contra o detentor real da coisa, cuja posse efectiva se requer, sendo indiferente que ele a detenha em nome proprio ou em nome alheio, so que neste caso tera que cumprir o disposto no artigo 1047 do Codigo de Processo Civil. IV - Tendo sido invocado pelo Reu, como foi, o uso e fruição da coisa por virtude de titulo legitimo - arrendamento -...
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