Acórdão nº 9621345 de Court of Appeal of Porto (Portugal), 01 de Julho de 1997
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 01 de Julho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR REGIS NOT. DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CNOT67 ART100 N1 ART109 N2. CCIV66 ART343 N1.
Jurisprudência Nacional: AC RP DE 1993/06/17 IN CJ T3 ANOXVIII PAG231.
Sumário: I - O Código do Notariado, designadamente no seu artigo 109-A n.2, não estabelece que o direito de impugnar os factos justificados por escritura notarial tenha que ser exercido dentro de determinado prazo, sendo o fixado naquele preceito legal alheio à caducidade do direito de acção. II - Se não houver inscrição definitiva no Registo Predial da aquisição do prédio por usucapião, não irá influir na decisão da acção de impugnação notarial a circunstância de o réu já possuir certidão da escritura notarial impugnada. III - Ao responder aos...
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