Acórdão nº 0077161 de Court of Appeal of Lisbon (Portugal), 17 de Maio de 1994
Magistrado Responsável | GUILHERME IGREJA |
Data da Resolução | 17 de Maio de 1994 |
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 ART1044. CCIV66 ART1263 C ART1264. CRP86 ART5 ART7.
Jurisprudência Nacional: AC RC DE 1979/10/23 IN CJ T4 PAG1118. AC RP DE 1989/11/07 IN BMJ N391 PAG698.
Sumário: I - Em razão do preceituado nos artigos 1044 do CPC, 1263, c) e 1264 do Código Civil, e 5 e 7 do CRP, a transmissão de propriedade sobre coisa possuída implica, automaticamente, a transferência da posse para o respectivo adquirente, embora a eficácia daquela transmissão, em relação a terceiros, quando incida sobre imóveis, esteja dependente do seu registo. II - Poderá, entretanto, suceder que o adquirente tenha necessidade de obter a posse efectiva e material da coisa adquirida, já que qualquer terceiro em poder de quem se encontra ou o próprio alienante se recusam a entregá-la. III - É precisamente para tais casos que serve o processo de posse judicial avulsa, que, como meio possessório mais simples e rápido, visa a obtenção da referida posse da coisa por banda daquele que, tendo título translativo dela, nunca a teve. IV - Nesse processo, as provas do réu são oferecidas com a contestação e a sentença reveste a natureza de decisão sumária, susceptível de correcção em acções possessórias ou outros meios competentes, posteriormente instaurados, podendo aquele invocar...
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