Acórdão nº 9210540 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1993
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 18 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS - DIR SUC.
Legislação Nacional: CCIV66 ART1353 ART1255 ART342 N1 ART1386 ART1389 ART1390 N1.
Jurisprudência Nacional: AC RL DE 1968/10/23 IN JR N14 PAG780.
Sumário: I - Através da partilha o direito a bens indeterminados passa a ser o direito ( modificado ) a bens determinados. II - Abrangendo a partilha no inventário ( de 1984 ) dois prédios, um dos quais doado em 1978 ao A., um dos herdeiros, e não tendo este qualquer dúvida na delimitação das extremas dos prédios, a questão não passa por qualquer acção de demarcação, como pressuposto de reivindicação, mas apenas por esta, com a prova da posse daquilo a que cada um ficou a pertencer. III - A posse a atender é a posse em que ambos os herdeiros sucederam e a posse constituída por actos posteriores à partilha. IV - O que...
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