Acórdão nº 065254 de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 1974 (caso None)
Magistrado Responsável | BOGARIM GUEDES |
Data da Resolução | 29 de Outubro de 1974 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CPC67 ART27 ART28 N1 N2 PARUNICO ART146 N2 ART273 N2 ART351 A ART358 ART359 N2 ART493 N2 ART494 N1 B ART495 ART498 N2 ART661 ART668 N1 D E. CCIV867 ART476 ART479 ART518 ART527 ART528 ART529. CCIV66 ART1259 N1.
Jurisprudência Nacional: AC STJ DE 1973/03/27 IN BMJ N226 PAG220.
Sumário : I - Tem natureza interpretativa, e e, consequentemente, de aplicação retroactiva (artigo 13 do Codigo Civil de 1966), a norma do n. 1 do artigo 1259 do mesmo Codigo:- assim, deve considerar-se titulada para os efeitos dos artigos 518 e seguintes do Codigo Civil de 1867 a posse fundada numa doação, feita so pela mulher (por escritura publica de 5 de Abril de 1938), de metade de um predio comum do casal. II - Não se verifica, quer a nulidade da 2 parte da alinea d), quer a da 2 parte da alinea e), do n. 1 do artigo 668 do Codigo de Processo Civil, se, tendo o autor pedido na petição inicial que se declarasse ter ele adquirido por usucapião, em conjunto com seu irmão, a totalidade de um predio, a Relação- - considerando, por um lado, a redução do pedido feita na replica (2 parte do n. 2 do artigo 273 do mesmo Codigo) e, por outro lado, o facto de o autor ter sido julgado parte ilegitima para formular o pedido em nome do irmão - declarou ter o mesmo autor adquirido, por usucapião, apenas parte desse predio. III - Se a acção foi proposta so contra a...
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