Acórdão nº 0004361 de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 1997 (caso None)
| Magistrado Responsável | QUINTA GOMES |
| Data da Resolução | 25 de Fevereiro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: MANUEL RODRIGUES IN "A POSSE" PAG292.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART220 ART1260 N2 ART1261 N1 ART1262.
Jurisprudência Nacional: AC RC DE 1984/10/09 IN CJ ANO1984 PAG46. AC RC DE 1994/04/26 IN CJ ANO1994 TII PAG34.
Sumário: I - Feita a prova do Corpus, na posse, esta faz presumir a existência do animus. II - Quando o negócio jurídico donde resultou a situação de posse é nulo por vício de forma, a posse é considerada não titulada. III - No n. 2 do art. 1260 do CC admite-se que a posse não titulada possa ser de boa-fé, visto que a falta de...
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