Acórdão nº 070486 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1983
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 16 de Junho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV867 ART477 ART529. CCIV66 ART344 N1 ART1268 N1. CRP67 ART8. CPC67 ART729 N3 ART664.
Jurisprudência Nacional: AC STJ DE 1972/07/04 IN BMJ N219 PAG196.
Sumário : I - Na acção de reivindicação, cabe ao demandante a prova do direito de propriedade, a qual tera de ser feita atraves de factos dos quais resulte demonstrada a aquisição originaria do dominio, por sua parte ou de qualquer dos antepossuidores. Quando a aquisição for derivada, como sucede no caso da transmissão por compra e venda, tem de ser provadas as sucessivas aquisições dos antecessores ate a aquisição originaria, excepto nos casos em que se verifique a presunção legal da propriedade, como a resultante da posse ou a resultante do registo. II - A usucapião, ou prescrição aquisitiva de imoveis, sem registo do titulo de aquisição, segundo o Codigo Civil de Seabra so conduz a aquisição do direito de propriedade por parte do possuidor quando este, por si ou seus antecessores, actua como proprietario durante 30 anos, pelo que a posse por mais de 27 anos, desconhecendo-se quanto mais, não atribui o direito de propriedade ao possuidor. III - O registo de transmissão a favor dos autores...
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