Acórdão nº 070086 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1982
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 22 de Junho de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART441 ART875 ART1273 ART1340 N1 N2 N3 ART1405 N2 ART1413 N2. CCIV867 ART2306. CPC67 ART26 N2 ART27 N1 ART28 N1 N2 ART274 N2 A B.
Sumário : I - Subsistindo o estado de compropriedade de um predio, os reus precisavam de ter alegado, para depois poderem vir a prova-lo, que as obras e prestações feitas trouxeram a totalidade do predio valor maior do que o mesmo tinha antes, so assim podendo adquirir, por acessão, a propriedade de todo o terreno, e so contra todos os consortes poderiam os reus fazer valer a acessão - artigo 28, n. 2 do Codigo de Processo Civil. II - O direito as benfeitorias não deve ser necessariamente accionado contra todos os comproprietarios do predio, aplicando-se antes a regra do n. 1 do artigo 27 do Codigo de Processo Civil, segundo a qual, se a relação material controvertida respeitar a varias pessoas e a lei ou o negocio juridico for omisso, a acção pode ser proposta contra um so dos interessados, devendo o...
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