Acórdão nº 0409128 de Court of Appeal of Porto (Portugal), 17 de Maio de 1990
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 17 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART1268 N1. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1978/06/01 IN BMJ N278 PAG205.
Sumário: I - Sendo a acção de reivindicação, se a aquisição é derivada, não basta ao autor provar que comprou, uma vez que a compra não é constitutiva do direito de propriedade, mas apenas translativa desse direito, de acordo com o velho mas pertinente brocardo "memo plus iuris ad alium transferre potest quam ipse habet". Socorrendo-se de uma aquisição derivada, o autor tem de provar que o direito já existia no património do transmitente. II - Só não será assim se houver presunção de propriedade, resultante da posse nos termos do artigo 1268, nº 1 do Código Civil, ou do registo predial nos termos do artigo 7 do respectivo Código. III - A presunção não abrange a área, nem as confrontações, não tendo qualquer pertinência a norma que a estabelece, quando esteja em causa a questão de...
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