Acórdão nº 9330906 de Court of Appeal of Porto (Portugal), 15 de Março de 1994
| Data | 15 Março 1994 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1251 ART1252 N2.
Sumário: I - De acordo com o número 2 do artigo 1252 do Código Civil e com a concepção subjectiva de posse que vigora entre nós, tem-se entendido que o " animus " se presume quando esteja provado o " corpus ". II - Para além da presunção do " animus ", a doutrina defende que, ante a equivocidade do " corpus ", se presume que o possuidor actua com intenção de exercer o direito de propriedade. III - Provados apenas factos integradores do " corpus "...
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