Acórdão nº 9550394 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1995
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 06 de Novembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART408 N1 ART879 ART1251 ART1263 A ART1278 N2 N3 ART565 ART569. CRP84 ART2 N1 A ART4 N1 ART5 N1. CPC67 ART471 N1 B ART661 N2 ART104 N2.
Jurisprudência Nacional: ASS STJ DE 1963/02/01.
Sumário: I - Nos termos do artigo 1278 n.2, do Código Civil, para beneficiar da tutela da acção de restituição o autor tem de provar não só a posse actual, como ainda a sua duração superior a um ano, a menos que o demandado não tenha melhor posse e o esbulho. II - É melhor posse a que for titulada, na falta de título a mais antiga e se tiverem igual antiguidade, a posse actual. III - Por mero efeito do contrato de compra e venda, opera-se entre as partes a transferência do direito real de propriedade do imóvel vendido embora em relação a terceiros o contrato só produza efeitos após a inscrição da aquisição no registo predial. IV - A transferência da posse do prédio não resulta da mera celebração do contrato: torna-se necessário que o comprador pratique sobre o imóvel comprado actos materiais de uso, fruição ou transformação com a intenção de sobre ele exercer o correspondente direito de propriedade. V - Demonstrada a posse titulada de um dia, melhor que a do Réu ( ocupação do prédio com lenha e pedras ) e o...
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