Acórdão nº 9140509 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1992
Data | 24 Fevereiro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1316 ART1347. RGEU51 ART3 ART74.
Sumário: I - Embora determinada acção real não seja de reivindicação, mas de condenação, não é despicienda a prova de aquisição originária da propriedade. II - Com efeito, no artigo 1316 do Código Civil, ao enumerarem-se os modos de aquisição da propriedade, referem-se em conjunto modos de aquisição derivada, como o contrato ou a sucessão por morte, e modos de aquisição originária, como a usucapião, a ocupação e a acessão. III - Se a aquisição é derivada, não basta ao autor provar, por exemplo, que comprou a coisa ou que esta lhe foi doada: nem a compra e venda nem a doação são constitutivos do direito de propriedade, mas apenas translativas desse direito, sendo, pois, preciso provar que o direito já existia no transmitente. IV - Os efeitos nocivos a que se refere o artigo 1347 do Código Civil são apenas os de ordem física sobre a edificação ( do prédio vizinho ) em si mesma, ou...
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