Acórdão nº 065860 de Supremo Tribunal de Justiça (Portugal), 18 de Maio de 1976
Magistrado Responsável | GARCIA DA FONSECA |
Data da Resolução | 18 de Maio de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART661 ART668 N1 A ART722 N2. CCIV66 ART12 ART1311 ART1340. CCIV867 ART2306.
Sumário : I - A resposta a quesitos não tem de ser sim ou não provada, devendo antes traduzir a verdade dos factos com a necessária especificação desde que se não vá além do que se pretende esclarecer com os factos articulados. II - Provado que a incorporação de determinada fábrica em certo terreno se verificou no ano de 1959, é pela lei então em vigor que tem de se apreciar da existência ou inexistência dos requisitos do instituto da acessão industrial (artigo 12 do Código Civil). III - O artigo 1340 do actual Código Civil, na sua definição de boa fé, não tem carácter interpretativo, pois tal preceito trouxe verdadeira e profunda alteração ao disposto no artigo 2306 do Código Civil de 1867. IV - Não ocorreu a pretendida acessão industrial...
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