Acórdão nº 9450644 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1995
| Data | 24 Janeiro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR RESP CIV/DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1311 N1 N2 ART483 N1 ART562 ART564 N1. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1976/10/14 IN BMJ N260 PAG102. AC STJ DE 1983/01/13 IN BMJ N323 PAG321. AC STJ DE 1983/06/07 IN BMJ N328 PAG572. AC STJ DE 1985/01/17 IN BMJ N335 PAG335. AC RP DE 1992/01/21 IN CJ ANOXVII T1 PAG227.
Sumário: I - Para proceder a acção reivindicatória têm os autores de provar que lhes assiste o direito de propriedade sobre a coisa reivindicada. E não basta que provem a aquisição derivada, necessário sendo que provem também a aquisição originária, isto é, que o direito já exista no transmitente. Só que, verificando-se a favor dos autores presunção legal de propriedade, nesta podem fundamentar o pedido, sujeitando-se a que os réus a ilidam. II - Tendo os donos da coisa sofrido...
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