Acórdão nº 073474 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1987
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 25 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CALVÃO DA SILVA CONTRATO-PROMESSA IN BMJ N349 PAG86.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART874 ART879 ART1044 ART1049 N2 ART1254. DL 236/80 DE 1980/07/18. CRP67 ART8 ART9. CCIV66 ART410 ART442 N3 ART830.
Jurisprudência Nacional: AC STJ DE 1980/06/04 IN BMJ N298 PAG222. AC RP DE 1976/03/24 IN CJ ANOI PAG134. AC STJ DE 1982/11/18 IN BMJ N321 PAG387.
Sumário : I - O registo predial definitivo constitui presunção não so de que o direito registado existe, mas que pertence a pessoa em cujo nome esteja inscrito. II - Do artigo 1049, n. 2 do Codigo de Processo Civil resulta que a melhor posse e a titulada. Se ambas forem tituladas, prevalece a que primeiro for registada. III - Anteriormente ao Decreto-Lei n. 236/80, de 18 de Julho (que deu nova redacção aos artigos 410, 442 e 830 do Codigo Civil) considerava-se o contrato-promessa no dominio intrinseco dos direitos obrigacionais. A entrega da coisa conduzia sempre a uma posse precaria. IV -...
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