Acórdão nº 0310195 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 22 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: TRADUZ JURISPRUDÊNCIA CORRENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1311 N1 2.
Sumário: I - A acção de reivindicação é integrada e caracterizada por dois pedidos: o do reconhecimento do direito de propriedade e o de restituição da coisa. II - É sobre o reivindicante que recai o ónus da prova de que é proprietário da coisa e de que esta se encontra na posse ou detenção do réu. III - Como do nº 2 do artigo 1311 do Código Civil se vê, a defesa do réu pode dirigir-se contra um ou contra ambos esses pedidos. IV - Contestado o dever de entrega...
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