Acórdão nº 8950620 de Court of Appeal of Porto (Portugal), 28 de Janeiro de 1992
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 28 de Janeiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS / DIR SUC.
Legislação Nacional: CCIV66 ART1311 N1 ART1404 ART1405 N3 ART1735 ART2075 N1 ART2078 ART2088 N2 ART2091 N1. CPC67 ART269.
Jurisprudência Nacional: AC STJ DE 1979/01/11 IN BMJ N283 PAG234. AC STJ DE 1986/10/16 IN BMJ N360 PAG601. AC RL DE 1981/07/14 IN BMJ N315 PAG307. AC RE DE 1986/06/12 IN BMJ N360 PAG677. AC RL DE 1977/07/06 IN CJ ANOII T4 PAG926. AC RP DE 1978/01/31 IN CJ ANOIII T1 PAG164. AC RL DE 1978/05/10 IN CJ ANOIII T3 PAG931. AC RC DE 1982/02/24 IN CJ ANOVII T1 PAG104.
Sumário: I - Em acção de reivindicação, cabe ao demandante a prova do direito de propriedade sobre a coisa reivindicada a qual terá de ser feita através de factos dos quais resulte demonstrada a aquisição originária do domínio por qualquer dos antepossuidores ou por si próprio, ou por acessão de posse, quando se trate de aquisição derivada, com a prova do respectivo título. II - Antes da partilha, a herança é uma universalidade de...
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