Acórdão nº 9730513 de Court of Appeal of Porto (Portugal), 16 de Outubro de 1997
Magistrado Responsável | COELHO DA ROCHA |
Data da Resolução | 16 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART371 ART1311 ART1353 ART1354.
Jurisprudência Nacional: AC RC DE 1983/04/03 IN CJ T2 ANOVIII PAG27. AC RC DE 1987/10/27 IN BMJ N370 PAG624. AC RC DE 1977/03/02 IN CJ T2 ANOII PAG256.
Sumário: I - A procedência de uma acção de reivindicação comporta dois requisitos subjectivos - que o autor prove ser proprietário da coisa que reivindica e que o réu a possua - e um pressuposto objectivo - a identidade da coisa que se reclama com a que é possuída pelo réu. II - A acção de demarcação é uma acção declarativa cujo...
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