Acórdão nº 9130551 de Court of Appeal of Porto (Portugal), 17 de Fevereiro de 1992
| Magistrado Responsável | ARAUJO CARNEIRO |
| Data da Resolução | 17 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART1278 N2 ART1285. CCP67 ART1037 N1 N2 ART1041 N1.
Jurisprudência Nacional: AC RL DE 1976/05/05 IN BMJ N259 PAG261. AC RP DE 1988/01/22 IN CJ ANOXIV T3 PAG221.
Sumário: I - Os embargos de terceiro são um meio de defesa da posse. II - O embargante há-de alegar que estava na posse dos bens em questão, expondo os factos justificativos da sua alegação, sob pena de, não o fazendo, ficar impossibilitado de provar a sua posse, o que desde logo compromete o êxito dos embargos. III - A rejeição dos embargos pode basear-se em a posse do embargante se fundar em transmissão feita por aquele contra quem for promovida a diligência judicial, se for manifesto que a transmissão foi feita para o transmitente se subtrair à sua responsabilidade. IV - Para se decretar a rejeição, com este fundamento, deve atender-se à má-fé do...
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