Acórdão nº 9050390 de Court of Appeal of Porto (Portugal), 14 de Novembro de 1991
| Magistrado Responsável | VICTOR BRITES |
| Data da Resolução | 14 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART297 N1 ART350 N2 ART1260 ART1281 ART1288 N1 ART1296 ART1390. CCIV867 ART476 ART478.
Sumário: I - A convicção de se exercer um direito próprio não implica a existência de boa fé. II - Esta convicção constitui o elemento subjectivo da posse e só depois de verificados o " corpus " e o " animus " se coloca o problema da existência de boa ou má fé. III - Ao contrário do que acontecia no Código Civil de Seabra, em que a posse só podia ser de boa fé se fosse titulada, o Código Civil de 1966 não exige, para haver boa fé, que a posse seja titulada, embora presuma de má fé a posse não titulada. IV - Segundo este Código, o direito à água que nasce em prédio de terceiro pode...
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