Acórdão nº 9450611 de Court of Appeal of Porto (Portugal), 16 de Fevereiro de 1995
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 16 de Fevereiro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO. CITA GONÇALVES SALVADOR IN SUPLEMENTO DOS ELEMENTOS DA REIVINDICAÇÃO PAG27 E OUTROS AUTORES.
Área Temática: DIR CIV - TEORIA GERAL. DIR CIV - REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART712 N2. CCIV66 ART1311 N1 ART334 ART342.
Sumário: I - Na acção de reivindicação a condenação no reconhecimento do direito de propriedade mais não é do que a súmula da causa de pedir do verdadeiro pedido que é o da entrega de coisa, havendo nesse caso uma cumulação tão só aparente entre aquele pedido - formal - e o material da entrega; a cumulação real ocorrerá quando a este acrescer o da indemnização. II - Na acção de reivindicação cabe ao reivindicado que não negue o direito de propriedade do Autor a prova da propriedade do título oponível da sua detenção. III - A boa fé e o abuso de direito não podem na sua aplicação implicar a subversão das regras e instituições de...
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