Acórdão nº 068432 de Supremo Tribunal de Justiça (Portugal), 27 de Maio de 1980
Data | 27 Maio 1980 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: M ANDRADE TEORIA GERAL DA RELAÇÃO JURIDICA. V SERRA RLJ ANO109 PAG160. RT ANO95 PAG232.
Área Temática: DIR REGIS NOT. DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART905. CCIV66 ART276 ART294 ART817 ART818. CRP67 ART7 N1.
Jurisprudência Nacional: AC STJ DE 1959/06/21. AC STJ DE 1974/12/03. AC STJ DE 1977/12/15 IN BMJ N272 PAG160.
Sumário : I - O registo predial tem uma função meramente declarativa, de simples publicidade, não constitutiva de direitos. II - A presunção de que o direito registado pertence a pessoa em nome de quem esta inscrito e "tantum juris", susceptivel de ser ilidida por prova em contrario. III - "Terceiros", para efeitos de registo predial, são aqueles que tenham adquirido de um mesmo transmitente direitos incompativeis. IV - Arrematado em hasta publica um predio urbano pelo credor hipotecario, não se tendo passado de imediato o titulo respectivo nem, consequentemente, feito o registo da aquisição, por se considerar afecto as instancias fiscais o problema da isenção de sisa do...
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