Acórdão nº 071753 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1984 (caso NULL)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 05 de Julho de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV867 ART2306 ART2396. CCIV66 ART12 ART1317 D ART1340 ART1476 N1 B ART1569 N1 A.
Jurisprudência Nacional: AC STJ DE 1971/01/15 IN BMJ N203 PAG163. AC STJ DE 1974/07/12 IN BMJ N239 PAG186. AC STJ DE 1980/02/12 IN BMJ N294 PAG341. AC STJ DE 1983/05/31 IN BMJ N327 PAG668.
Sumário : I - O momento da aquisição do direito de preferencia e, no caso de acessão, o da verificação dos factos respectivos (artigos 1317, alinea d), do Codigo Civil). II - O regime do instituto da acessão e diferente no Codigo Civil de Seabra e no de 1966, na medida em que o actual artigo 1340 não exige a posse em nome proprio, com justo titulo, e altera o conceito de boa fe do...
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