Acórdão nº 9730476 de Court of Appeal of Porto (Portugal), 27 de Novembro de 1997
Magistrado Responsável | OLIVEIRA VASCONCELOS |
Data da Resolução | 27 de Novembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR REGIS NOT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1287. CRP84 ART7 ART8 N1 ART16 B ART116 N1. CNOT67 ART100 N1.
Jurisprudência Nacional: AC RP DE 1987/04/02 IN CJ T2 ANOXII PAG229. AC STJ DE 1994/12/14 IN CJSTJ T3 ANOII PAG183.
Sumário: I - O pedido de cancelamento de um registo implica causa de pedir constituída por facto contrário ao registo. II - Procedente a impugnação e tidas como não verdadeiras as declarações confirmatórias a que se refere o artigo 100 n.1 do Código do Notariado, a escritura de justificação deixou de ser título suficiente para prova legal do facto registado, o que, face ao disposto na alínea b) do artigo 16 do Código do Registo Predial tornou o registo nulo. III - Sendo o registo nulo, não existe presunção de que o direito de propriedade existe e...
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