Acórdão nº 065010 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1974 (caso None)
Magistrado Responsável | GARCIA DA FONSECA |
Data da Resolução | 16 de Julho de 1974 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CCIV66 ART12 ART892. CCIV867 ART2306. D 5411 DE 1919/04/17 ART17 ART25.
Sumário : I - Tendo um contrato de arrendamento, por virtude do qual foram efectuadas construções no predio arrendado, sido outorgado na vigencia do Codigo Civil de 1867 e do Decreto n. 5411, de 17 de Abril de 1919, e as obras executadas tambem no dominio dos mesmos diplomas, e segundo as normas desses diplomas que ha-de ser decidida a acção na qual se pede o reconhecimento da propriedade das edificações. II - Nos termos do artigo 2306 do Codigo Civil de 1867, era necessario, para que o dono de obras feitas em terreno alheio adquirisse a propriedade deste: a) boa fe; b) que o valor das obras fosse superior ao do terreno; c) posse em nome proprio. III - O arrendatario não possui em nome proprio. IV - No dominio do...
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