Acórdão nº 9721127 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1998
| Magistrado Responsável | PIRES RODRIGUES |
| Data da Resolução | 03 de Fevereiro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CRP84 ART2 ART3 ART7 ART29 N2. CCIV66 ART1317 ART1549 ART1260 N2 ART1296.
Jurisprudência Nacional: AC STJ DE 1992/10/29 IN BMJ N420 PAG590. AC STJ DE 1983/04/28 IN BMJ N326 PAG483.
Sumário: I - A presunção derivada do registo não abrange a área e confrontações dos imóveis, não só porque não fazem parte dos factos a registar, como também porque podem resultar de simples declaração dos interessados. II - A usucapião depende de dois elementos: posse e decurso de certo período de tempo. A posse há-de revestir sempre a natureza de pública e pacífica, já que a boa ou má fé, titulada ou não titulada, influem apenas no prazo. III - A partilha não se considera justo...
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