Acórdão nº 9321327 de Court of Appeal of Porto (Portugal), 11 de Julho de 1994
| Magistrado Responsável | MARQUES PEIXOTO |
| Data da Resolução | 11 de Julho de 1994 |
| 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 ART1251 ART1252 N2 ART1253. CPC67 ART664.
Sumário: I - O nosso legislador adoptou uma concepção subjectiva da posse. A posse adquire-se pelo facto e pela intenção, e define-se, portanto, por dois elementos essenciais: o "corpus", na aquisição original, ou a "traditio" na aquisição derivada e o "animus". II - Para que haja posse com virtualidade para a aquisição do direito de propriedade por usucapião é preciso que haja por parte do detentor da coisa a intenção de exercer, como seu titular, o direito de propriedade sobre a coisa e não mero poder de facto sobre ela. III - Não tendo o...
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