Acórdão nº 9430817 de Court of Appeal of Porto (Portugal), 01 de Junho de 1995
| Data | 01 Junho 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART1252 N2 ART1257 N2 ART1268 N1. CRP84 ART7.
Jurisprudência Nacional: AC RE DE 1974/06/05 IN BMJ N238 PAG297. AC STJ DE 1994/04/26 IN CJSTJ T2 ANOII PAG62. AC RC DE 1994/04/26 IN CJ T2 ANOXXIV PAG34.
Sumário: I - Quem tiver o " corpus " da posse, como exercício do poder de facto sobre certa coisa, beneficia de presunção do respectivo " animus ", ou seja, de tal posse ser exercida em nome próprio. II - Essa presunção, porém, não pode ser invocada quando se prove que a posse se iniciou como precária, por se presumir também que esta continua com a mesma...
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