Acórdão nº 075599 de Supremo Tribunal de Justiça (Portugal), 03 de Março de 1988
| Magistrado Responsável | FREDERICO BAPTISTA |
| Data da Resolução | 03 de Março de 1988 |
| 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 ART1380. CPC67 ART490 N1.
Sumário : I - Na acção de preferencia fundada no n. 1 do artigo 1380 do Codigo Civil, o autor tera de alegar e provar, alem do mais, que e o proprietario do terreno - ou terrenos - - confinante com o predio vendido. II - Tratando-se de aquisição derivada, designadamente em resultado de compra e venda ou de inventario, a menos que goze de presunção, ele tera tambem de alegar e provar que efectivamente adquiriu o predio de quem era proprietario. III - Em caso de aquisição originaria, e necessario alegar e provar que a sua posse, alem de continua, publica e pacifica, perdura ha mais de 20 anos (se de ma fe e desacompanhada...
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