Acórdão nº 9520439 de Court of Appeal of Porto (Portugal), 07 de Novembro de 1995
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 07 de Novembro de 1995 |
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: CRP84 ART7 ART79 N1 N2 ART76 N1 ART88 ART91 ART43.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN CJSTJ T1 ANOI PAG100. AC RP DE 1981/04/02 IN CJ T2 ANOVI PAG103. AC RP DE 1977/10/04 IN CJ T4 ANOII PAG905. AC RP DE 1991/09/16 IN CJ T4 ANOXVI PAG249. AC STJ DE 1978/11/22 IN BMJ N281 PAG342.
Sumário: I - A inscrição matricial é tão só um elemento de identificação que, sendo importante, é apenas um entre os vários que o prédio contém, já que constitui até um dos elementos que podem nem existir. II - A sua força probatória como elemento de identificação dos prédios é apenas a correspondente à força da prova testemunhal, uma vez que a inscrição do prédio - e a consequente emissão de caderneta predial - se baseiam numa participação da parte interessada...
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