Acórdão nº 070691 de Supremo Tribunal de Justiça (Portugal), 31 de Maio de 1983 (caso NULL)
Magistrado Responsável | M SANTOS CARVALHO |
Data da Resolução | 31 de Maio de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV867 ART2306. CCIV66 ART12 ART1340.
Sumário : I - O momento da aquisição da propriedade por meio de acessão e o da verificação dos factos respectivos. II - Ainda que posteriormente, ja depois da entrada em vigor do Codigo Civil actual, as construções tenham sido melhoradas ou aumentadas, o regime da acessão e o previsto na lei antiga, vigente a data da ocorrencia dos factos, atento o preceito do artigo 12 do referido Codigo. III - Face ao disposto no artigo 2306 do Codigo Civil de 1867, para que pudesse conceder-se o direito de aquisição por acessão, indispensavel seria que o predio fosse possuido em nome proprio, de boa fe e com justo titulo, o que não sucede no caso de mera troca verbal de predios. IV - O artigo 1340 do Codigo Civil vigente e inovador e por isso insusceptivel de aplicação retroactiva. V - Na vigencia do Codigo Civil de 1867, a luz do criterio, geralmente seguido, adoptado pelos Profs. Manuel Rodrigues e Manuel de Andrade, na acessão alterava-se a substancia da coisa, isto e, inovava-se, ao passo que na benfeitoria apenas se beneficiava o que ja existia...
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