Acórdão nº 0006481 de Supremo Tribunal Administrativo (Portugal), 03 de Julho de 1997 (caso None)
| Data | 03 Julho 1997 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1085 N1 N2 ART1112 ART1118 N2 B ART1311.
Jurisprudência Nacional: AC STJ DE 1986/03/13 IN BMJ N355 PAG362. AC STJ DE 1986/12/02 IN BMJ N362 PAG357. AC STJ DE 1995/02/07 IN BMJ N444 PAG618.
Sumário: I - Em acção de reivindicação: a) Incumbe ao Autor a demonstração de que tem o direito de propriedade sobre a coisa reivindicada na posse ou detenção do Réu; b) Se, efectuada tal demonstração, compete ao Réu, sob pena de consequente restituição da coisa, a prova de ser titular de direito real ou obrigacional que legitime a sua detenção e inerente recusa de restituição. II - Não há um mínimo exigível de bens materiais e...
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