Acórdão nº 0053322 de Court of Appeal of Lisbon (Portugal), 30 de Setembro de 1993
Magistrado Responsável | DARIO RAINHO |
Data da Resolução | 30 de Setembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1311. CPC67 ART497 ART498.
Sumário: Não há caso julgado em acções de reivindicação quando: a) na segunda acção os AA. pretendem o reconhecimento do direito de propriedade sobre uma parcela de terreno, e na acção já decidida os AA. pedem que o R. seja condenado a tapar, ou a pagar as despesas necessárias para tapar, uma passagem por ele aberta entre um prédio de sua propriedade e um terreno que os AA. dizem de sua propriedade; b) nesta acção os AA. admitem, implicitamente embora, que a parcela de terreno em causa possa ter pertencido aos RR. e esteja agora na posse destes, pretendendo, porém, ter adquirido, por usucapião, a propriedade da dita parcela, e na acção já decidida os AA. dão como pressuposto certo que a parcela de terreno em causa lhes pertence desde sempre, legalmente e devidamente registada, constituindo o pedido apenas um meio de defesa do respectivo direito de propriedade...
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