Acórdão nº 072295 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1985
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 02 de Maio de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA RLJ ANO115 PAG288.
Área Temática: DIR CIV - DIR REAIS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART215 N1 ART216 N3 ART343 N2 ART1270 N1 ART1273 N1 N2 ART1380 N2 B ART1383 N1 ART1410 N1. CPC67 ART446 N1 N2 ART449 N1 ART712 N1.
Sumário : I - Não afecta o direito de preferência dos autores não terem estes provado que o seu direito é melhor que o de outros proprietários confinantes, também titulares do direito de preferência (artigo 1380, n. 2 do Código Civil). II - Tendo os Réus compradores, como possuídores de boa fé, direito aos frutos naturais recebidos do prédio possuído, não têm direito a ser indemnizados das despesas de cultura, produção e colheita - artigo 1270 n. 1 e 215 n. 1 do Código Civil - nem quanto à plantação de videiras - benfeitoria útil - visto não se mostrar, nem ter sido alegado que o seu levantamento não possa ser...
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