Acórdão nº 064105 de Supremo Tribunal de Justiça (Portugal), 04 de Julho de 1972
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 04 de Julho de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN DIREITO PROBATORIO MATERIAL PAG142.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART477 ART482 N4. CRP67 ART12. CCIV66 ART1268 N4. CPC67 ART660 N2 ART668 N1 D.
Jurisprudência Nacional: AC STJ DE 1961/06/27 IN BMJ N108 PAG291. AC STJ DE 1962/10/16 IN BMJ N120 PAG418.
Sumário : I - Na acção reivindicatoria, a causa de pedir e a posse ou a detenção abusiva por outrem, e o pedido de restituição da coisa reivindicada so pode ser dirigido contra quem esta na posse ou detenção dela. II - A legitimidade das partes tem que aferir-se, antes de mais, pelo pedido formulado, recorrendo depois, quando necessario, a causa de pedir. III - Por isso, se na petição o apossamento ilicito so foi atribuido ao marido, não se articulando qualquer participação da mulher, so contra aquele a acção devia ser intentada. IV - A aquisição derivada da propriedade, dominada, como e, pelo principio de que ninguem pode transmitir mais direitos do que tem, não basta para assegurar ao transmissario um direito real oponivel a qualquer possuidor, não sendo suficiente...
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