Acórdão nº 073011 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1985
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 12 de Novembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VIII PAG339.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART342 N2 ART371 N1 ART372 N1 ART1380 N4 ART1381 A ART1410 N2. CPC67 ART712 N2.
Sumário : I - A força probatoria dos documentos autenticos so pode ser ilidida com base na sua falsidade. So que tal força probatoria não vai alem da que o artigo 371, n. 1 do Codigo Civil estabelece: os documentos autenticos fazem prova plena dos factos que referem como praticados pela autoridade ou oficial publico respectivo, assim como dos factos que neles são atestados com base nas percepções da entidade documentadora. II - Não gozam do direito de preferencia conferido pelo artigo 1380 do Codigo Civil os proprietarios de terrenos confinantes, quando algum dos terrenos se destine...
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