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: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Indicações Eventuais: CONSTITUI JURISPRUDÊNCIA PACÍFICA.
Área Temática: DIR REGIS NOT.
Legislação Nacional: CRP84 ART7 ART8 N1.
Jurisprudência Nacional: AC STJ DE 1978/11/22 IN BMJ N281 PAG342. AC RL DE 1981/04/02 IN CJ ANOVI T2 PAG193. AC RE DE 1977/04/10 IN CJ ANOII T4 PAG905. AC STJ DE 1993/01/27 IN CJSTJ T1 ANOI PAG100.
Sumário: I - A presunção do artigo 7 do Código do Registo Predial não abrange os elementos de identificação do prédio constante da sua descrição física ( de forma a haver coincidência entre a realidade registral e a substantiva ), limitando-se ao direito inscrito. II - Com efeito, enquanto os factos ou direitos sujeitos a registo devem estar devidamente comprovados em documento bastante, tal já não acontece com a descrição dos prédios que, em geral, pode resultar de simples declaração dos interessados, não oferecendo, portanto, as mesmas condições...
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