Acórdão nº 073947 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1986
Data | 02 Dezembro 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR FAM.
Legislação Nacional: CCIV66 ART1024 N1 ART1311 ART1618 N4 ART1674 ART1678 N1 N2 A. CPC67 ART493 N3. DL 497/77 DE 1977/11/25. CCIV886 ART1117 PARUNICO ART1819.
Sumário : I - Nas acções de reivindicação (artigo 1 311 do Codigo Civil) incumbe ao autor demonstrar que tem o direito de propriedade sobre a coisa reivindicada e que esse direito se encontra na posse ou detenção de outrem. Provados esses requisitos, a restituição da coisa sera uma consequencia directa, a não ser que o seu ou seus detentores demonstrem possuir direito real ou obrigacional, que servira de obstaculo ao exercicio pleno da propriedade, direito que consubstancia uma excepção peremptoria, nos termos do artigo 493, n. 3, do Codigo de Processo Civil. II - O contrato de locação constitui, para o locador, um acto de administração ordinaria, excepto quando for celebrado por um prazo superior a seis meses (artigo 1 024, n. 1, do Codigo Civil), dai que possa dar de locação todo aquele que puder dispor do uso ou da fruição da coisa. III - A norma do artigo 1 678, n. 2, alinea a), do Codigo Civil, na sua redacção primitiva, concedia a mulher a administração de todos os bens do casal, se o marido se encontrasse "em lugar remoto ou não sabido, ou impossbilitado, por qualquer motivo, de exercer a administração", isto e, bastava, para o efeito, a não presença do marido, quer fosse...
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