Acórdão nº 074040 de Supremo Tribunal de Justiça (Portugal), 16 de Outubro de 1986
Magistrado Responsável | TINOCO DE ALMEIDA |
Data da Resolução | 16 de Outubro de 1986 |
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: CCIV66 ART1304 ART1305 ART1311 N2. CPC67 ART26 ART228 N1 D ART489 ART500. DL 100/84 DE 1984/03/29 ART1 N2 ART27 N1 E. L 79/77 DE 1977/10/25 ART3 ART33 ART109. L 91/77 DE 1977/12/31. DL 39/76 DE 1976/01/19 ART1 ART4 ART5 N1 ART6 ART7. CADM40 ART393 PARUNICO.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN DG IS DE 1963/02/21.
Sumário : I - Nos termos do assento do Supremo Tribunal de Justiça, de 1 de Fevereiro de 1963, e definitiva a declaração em termos genericos no despacho saneador relativamente a legitimidade, salvo a superveniencia de factos que nesta se repercutam. II - A pretensão de reivindicação de terreno, nos termos do artigo 1311 do Codigo Civil, exige a demonstração da qualidade de "proprietario", para que este possa exigir, do possuidor ou detentor da coisa, o reconhecimento desse direito de propriedade e a consequente restrição do que lhe pertence. III - Mostrando-se insuficientes para caracterizar "uso comunitario" - por parte da autora, atraves dos seus orgãos, ou mesmo por parte de compartes, com a constituição, competencia e direitos definidos por lei (Decreto-Lei...
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