Acórdão nº 0225478 de Court of Appeal of Porto (Portugal), 13 de Dezembro de 1990
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 13 de Dezembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR REGIS NOT. DIR PROC CIV.
Legislação Nacional: CRP84 ART8 N1 N2 ART13 ART34. CPC67 ART288 N1 ART495. CCIV66 ART291.
Sumário: I - O artigo 8, n. 1 do Código do Registo Predial é uma disposição que pretende simplificar a tarefa dos serviços de registo, eliminando as dúvidas que pudessem suscitar-se, atribuindo ao tribunal a obrigação de se pronunciar de forma clara e inequívoca, sobre os pedidos de cancelamento que as partes devem formular. II - Sendo esta a razão de ser do preceito, não há que fazer qualquer relacionamento com o artigo 291 do Código Civil. III - Se a A., afirmando que o prédio não é dos RR., está a impugnar o que consta do registo, não pode fazê-lo sem pedir simultaneamente o cancelamento do registo. IV - O n. 2 do artigo 8 do Código do Registo Predial não aponta para uma simples suspensão da instância; a formulação do pedido de cancelamento é um autêntico pressuposto processual, que tem que estar preenchido...
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