Acórdão nº 9240524 de Court of Appeal of Porto (Portugal), 01 de Abril de 1993
| Magistrado Responsável | DIOGO FERNANDES |
| Data da Resolução | 01 de Abril 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.
Legislação Nacional: CCIV66 ART342 N2 ART1311.
Jurisprudência Nacional: AC RP DE 1978/01/31 IN CJ ANOIII T1 PAG164. AC STJ DE 1979/01/11 IN BMJ N283 PAG234. AC RE DE 1987/02/19 IN CJ ANOXII T1 PAG306.
Sumário: I - Em acção de reivindicação não recai sobre o autor o ónus de provar que a posse do réu é ilegítima. II - Tendo o autor demonstrado o seu direito de propriedade, o réu, possuidor, só pode evitar a restituição da coisa se conseguir provar uma de três situações: a) que a coisa lhe pertence por qualquer dos títulos admitidos em direito; b) que tem sobre a coisa outro qualquer...
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