Acórdão nº 063692 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1971 (caso None)
Data | 16 Julho 1971 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART510. CCIV867 ART9 ART251 ART476 ART478 A ART517 ART518 ART526 ART530 ART2011. CCIV66 ART1296.
Jurisprudência Nacional: AC STJ DE 1952/06/24 IN BMJ N31 PAG365. AC STJ DE 1955/01/28 IN BMJ N88 PAG152. AC STJ DE 1957/10/25 IN BMJ N70 PAG353. AC STJ DE 1962/03/30 IN BMJ N115 PAG468. AC STJ DE 1967/02/21 IN BMJ N164 PAG303.
Sumário : I - Existe posse de imoveis com as caracteristicas proprias e com os requisitos precisos para conduzir ao usucapião quando o detentor dos bens em tudo procede como verdadeiro proprietario. II - O usufrutuario e simples possuidor em nome alheio, nunca podendo a sua posse conduzir a aquisição do dominio. III - A inclusão do predio objecto do usufruto em partilha do casal do usufrutuario, operada por escritura, não caracteriza a inversão do titulo de posse nas condições exigidas pelo artigo...
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