Acórdão nº 0040156 de Court of Appeal of Lisbon (Portugal), 11 de Junho de 1992
Magistrado Responsável | PIRES SALPICO |
Data da Resolução | 11 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1311.
Sumário: I - Para a admissibilidade e procedência da acção de reivindicação é necessária a verificação dos seguintes requisitos: a) a alegação do domínio do Autor sobre a coisa reivindicada; b) a afirmação de que há detenção e posse indevida ou abusiva da coisa por parte do Réu, e c) identidade entre a coisa reivindicada por aquele e possuída por este. II - "Sobre o reivindicante recai o ónus de provar que é proprietário da coisa...
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