Acórdão nº 9340031 de Court of Appeal of Porto (Portugal), 28 de Junho de 1993
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 28 de Junho de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CRP84 ART7 ART8 N1. CCIV66 ART1311. CPC67 ART510 N1 C ART511 N1.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN CJSTJ ANOI T1 PAG100. AC STJ DE 1978/11/22 IN BMJ N281 PAG342. AC RP DE 1981/04/02 IN CJ ANOVI T2 PAG103. AC RE DE 1977/10/04 IN CJ ANOII T4 PAG905.
Sumário: I - Um dos pressupostos da procedência da acção de reivindicação é a identidade da coisa que se reclama com a que é possuida ou devida pelo réu ( artigo 1311 do Código Civil ). II - A presunção do artigo 7 do Código de Registo Predial não abrange os elementos de identificação do prédio constantes da sua descrição física. III - Visto que essa presunção não vale quanto à situação do prédio do autor, não tem o réu que requerer o cancelamento do registo nos termos do artigo 8, nº 1 do Código de Registo Predial, pois, sendo essa a...
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