Acórdão nº 9421064 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1995
| Magistrado Responsável | CUSTODIO MONTES |
| Data da Resolução | 14 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART1251 ART1253. CCIV66 ART755 N1 F ART759 N3.
Jurisprudência Nacional: AC STJ DE 1993/10/13 IN CJSTJ T3 ANOI PAG60. AC STJ DE 1994/05/26 IN CJSTJ T2 ANOII PAG118.
Sumário: I - O nosso sistema jurídico consagra a teoria da causa, ou seja, a de que na aquisição bilateral da posse, o " animus " resulta da natureza do acto jurídico por que se transferiu o direito susceptível da posse. II - Do contrato-promessa não deriva a transferência de propriedade para o promitente-comprador que, por isso, não adquire a posse causal nem a formal. III - Não pode...
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