Acórdão nº 073319 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1986 (caso NULL)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 18 de Março de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT VIII PAG116.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART303 ART333 N2 ART374 ART376 ART442 N3 ART830 N1 ART1253 ART1263 B ART1267 N1 C D ART1282 ART1313 N1 N2. DL 236/80 DE 1980/07/18 ART2. CPC67 ART199 ART202 ART204 N1 ART206 N1 ART489.
Sumário : I - Mesmo a haver erro na forma do processo, restituição da posse e não reivindicação, a nulidade considera-se sanada, desde que não seja arguida na contestação, visto o seu conhecimento oficioso se haver esgotado com a emissão do despacho saneador. II - Em acção de reivindicação a caducidade a que se refere o artigo 1282 do Codigo Civil não pode ser invocada; por outro lado, sendo a caducidade de conhecimento não oficioso, não pode dela conhecer-se caso não seja invocada na contestação. III - De acordo com o disposto no artigo 1311, ns . 1 e 2 do Codigo Civil, o proprietario pode exigir judicialmente de qualquer possuidor ou detentor da coisa o reconhecimento desse direito e a consequente restituição, que so pode ser recusada nos casos previstos na lei, isto e, com base em qualquer relação (obrigacional ou real) que lhe confira a posse ou a...
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