Acórdão nº 065453 de Supremo Tribunal de Justiça (Portugal), 17 de Julho de 1979 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 17 de Julho de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: VAZ SERRA IN RLJ ANO99 PÁG253 ANO103 PÁG361 ANO111 PÁG247.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CRP67 ART12. CCIV867 ART476 ART483 ART1301 ART1761. CPC67 ART26 ART193 N2 N3 ART288 N1 D ART510 N1 C. CCIV66 ART12 N2 ART241 ART242 N1 N2.
Jurisprudência Nacional: ASS STJ DE 1941/12/19 IN DG IS 1942/01/03. ASS STJ DE 1950/05/10 IN BMJ N19 PAG310. ASS STJ DE 1952/07/23 IN DG IS 1952/08/07 IN BMJ N32 PAG258.
Sumário : I - A relação possessória é uma relação material permanente e duradoira e, assim, os factos que a integram têm de ser exercidos por forma a que se possa concluir que aquele que os pratica pretende sobre a coisa um poder permanente. II - A posse adquire-se pelo facto e pela intenção e caracteriza-se por dois elementos essenciais: o "corpus" na aquisição unilateral, ou "traditio" na aquisição derivada e o "animus". III - Existe a posse de imóveis com as características próprias e com os requisitos precisos para conduzir à usucapião...
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