Acórdão nº 9530806 de Court of Appeal of Porto (Portugal), 11 de Abril de 1996
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 11 de Abril de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1380 N1 ART1381. DL 384/88 DE 1988/10/25 ART18. CPC67 ART28 ART511 N1. CRP84 ART7.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1992/10/29 IN BMJ N420 PAG590. AC STJ DE 1993/05/11 IN CJSTJ T2 ANOI PAG93. AC STJ DE 1995/05/11 IN CJSTJ T2 ANOIII PAG75. AC RP DE 1995/01/16 IN CJ T1 ANOXX PAG196. ASS STJ DE 1986/03/18 IN DR IS-A 1986/05/17.
Sumário: I - Se no despacho saneador se decidiu, com trânsito em julgado, que as partes são legítimas, esta declaração é definitiva salvo com a superveniência de factos que se repercutam na legitimidade. II - A alegação de que "sempre tal prédio formaria com o urbano a exploração agrícola de tipo familiar que sempre aí foi exercida", é a reprodução textual da lei: não é facto, antes é matéria, aliás, conclusiva, carecida de interpretação jurídica, não susceptível, de...
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