Acórdão nº 067584 de Supremo Tribunal de Justiça (Portugal), 13 de Fevereiro de 1979 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 13 de Fevereiro de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO106 PAG26.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS / TEORIA GERAL. DIR PROC CIV - RECURSOS. DIR REGIS NOT.
Legislação Nacional: CPC67 ART456 ART668 N1 D ART722 N2 ART729 N2. CCIV66 ART291 ART526 N2 ART527 ART892 ART893 ART1258 ART1287. CRP67 ART8 ART12. CCIV867 ART517 ART529 ART1555. DL 44234 DE 1966/11/25 ART2.
Jurisprudência Nacional: AC STJ DE 1945/05/11 IN BOL OF ANO5 PAG192.
Sumário : I - O registo predial e meramente declarativo e não constitutivo dos direitos. II - A presunção emanada do artigo 8 do Codigo do Registo Predial, de que o direito registado existe e pertence a pessoa em cujo nome esteja inscrito, e tantum juris, podendo ser ilidida por prova em contrario. III - Assim, a anexação de dois predios distintos feita por alvedrio do conservador do registo predial, sem apoio factual, não pode converte-los em um unico imovel, quando como distintos foram considerados em escritura de compra e venda e subsequente inventario obrigatorio por obito do comprador. IV - E nula a venda de coisa alheia sempre que o vendedor careça de legitimidade para a realizar. Tal nulidade não se estabelece, porem, em relação ao dono da coisa, pois aplica-se apenas nas relações entre o alienante e o adquirente. V - Perante o verdadeiro proprietario, aquele contrato não tem qualquer valor, assumindo o cariz de inter alios acta, operando-se a ineficacia ipso jure, razão por...
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