Acórdão nº 9821098 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1998
| Magistrado Responsável | FERREIRA DE SEABRA |
| Data da Resolução | 10 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART4 N2 A B. CCIV66 ART1311 N1 N2.
Jurisprudência Nacional: AC RL DE 1981/07/14 IN BMJ N315 PAG307. AC RC DE 1991/12/10 IN BMJ N412 PAG559. AC RE DE 1989/01/26 IN BMJ N383 PAG632. AC RL DE 1994/04/14 IN CJ T2 ANOXIX PAG118. AC STJ DE 1980/07/04 IN BMJ N299 PAG320.
Sumário: I - Na prática a acção de reivindicação - artigo 1311 do Código Civil - é uma acção de apreciação e de condenação; pressupondo a violação do direito de propriedade sobre uma coisa, pede-se a sua definição e o reconhecimento da sua violação e, bem assim, a condenação do violador na sua restituição. II - Nessa acção, cabe ao reivindicante alegar a posse que é proprietário da coisa e que esta se encontra na posse ou na detenção do Réu; a este cabe o ónus de demonstrar que é titular de...
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