Acórdão nº 8950629 de Court of Appeal of Porto (Portugal), 06 de Maio de 1991
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 06 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1263 A B ART1267 N1 ART1278 N1 N2.
Sumário: I - Nos termos do artigo 1263, do Código Civil, a posse adquire-se: a) pela prática reiterada, com publicidade, dos actos materiais correspondentes ao exercício do direito - aquisição originária da posse; b) pela tradição material ou simbólica da coisa, efectuada pelo anterior possuidor - aquisição derivada; II - Na aquisição derivada não se exige a prática reiterada de actos materiais correspondentes ao exercício do direito, pois a intervenção do antigo possuidor dispensa essa prática; III - Provando os autores a aquisição originária da sua posse, através do "corpus" e do "animus", nos termos do artigo 1263, alínea a), do Código Civil, não necessita de fazer prova da aquisição derivada, nem de juntar a posse do anterior possuidor à sua própria posse; IV - Tendo a posse dos autores durado cerca de oito anos, confere-lhes o direito a serem...
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