Acórdão nº 0037441 de Court of Appeal of Lisbon (Portugal), 09 de Abril de 1991
| Magistrado Responsável | DIOGO FERNANDES |
| Data da Resolução | 09 de Abril de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART26 N2 ART684 N3 ART690 ART1044 ART1047 N1 N2 ART1049 N2 ART1051. CCIV66 ART342 N1 ART874 ART879. CRP83 ART7.
Sumário: Na acção de posse judicial avulsa tem legitimidade activa aquele que aproveita da procedência da acção. Nessas acções, sem decisão definitiva, qualquer interessado, mesmo não citado, pode defender a posse. Assim, não interessa que esteja ou não acompanhado do cônjuge. Por força da presunção do art. 7 do Cód. do Registo Predial, transmitiu-se a posse a favor dos adquirentes na propriedade das fracções autónomas. Se da escritura de...
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