Acórdão nº 9140041 de Court of Appeal of Porto (Portugal), 06 de Junho de 1991
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 06 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO E AGRAVO.
Decisão: ALTERADA A DECISÃO. NEGADO PROVIMENTO.
Área Temática: DIR CIV / DIR OBG. DIR CUSTAS JUD / ASSIST JUD.
Legislação Nacional: CRP84 ART3 N1 A N2. CCIV66 ART483 ART562 ART1129 ART1137 ART1192 N1 ART2024. CRC78 ART270 A ART371 N1 ART373 N1.
Jurisprudência Nacional: AC RL DE 1982/02/02 IN CJ ANO 7 T01 PAG166. AC RP DE 1987/06/16 IN CJ ANO 12 T03 PAG198.
Sumário: I- Requerido apoio judiciario - que veio a ser concedido - o facto de se não ter logo determinado a suspensão da instancia, não estando em curso qualquer prazo processual, não influi no exame ou decisão da causa, pelo que e irrelevante; II- A acção de reivindicação não esta sujeita a registo quando o predio que dela e objecto se encontra ja inscrito em nome dos autores, pois não pode colocar-se, sem contradição, o problema da prioridade do registo a favor de eventuais adquirentes ( terceiros ) e e inconcebivel a existencia de terceiros em relação de oponibilidade contra os reus, pois essa relação pressupõe uma pretensão activa destes ultimos sobre o predio; III- No processo incidental de habilitação apenas se cura de averiguar se o habilitando tem as condições legalmente exigidas para a substituição da parte falecida. Na acção o habilitado sera parte legitima ou não consoante a parte falecida que substitui o era ou não; no incidente apenas se procura averiguar quem são os sucessores do falecido relativamente ao direito ou a obrigação que constituem objecto da causa; IV- Celebrado entre autores e reus primitivos um contrato gratuito de comodato ( art. 1129 do Codigo Civil ), pelo qual os primeiros entregaram aos segundos parte do predio para que dela se servissem, com a obrigação de a restituirem, sem se ter estipulado prazo, nem delimitado a necessidade temporal que o comodato visava satisfazer, os...
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