Acórdão nº 077123 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1989
| Magistrado Responsável | JOSE DOMINGUES |
| Data da Resolução | 21 de Fevereiro de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART344 ART349 ART350 N1 N2 ART1268. CPC67 ART456. CRP84 ART7. CRP67 ART8. DL 24480 DE 1934/09/14. CCJ62 ART3 N1 A.
Jurisprudência Nacional: AC STJ DE 1976/05/04 IN BMJ N257 PAG82. AC STJ DE 1976/10/14 IN BMJ N260 PAG95. AC STJ DE 1981/05/02 IN BMJ N307 PAG266. AC STJ DE 1985/01/17 IN BMJ N343 PAG335.
Sumário : I - Se o autor, em acção de reivindicação, invocar, quanto a propriedade, um titulo de aquisição derivada, não basta provar a existencia desse titulo, mas tambem que o direito ja existia no transmitente. II - No entanto ja isso não sucedera se o autor beneficiar de presunção legal resultante da posse ou derivar do registo. III - A certidão comprovativa do registo supre a falta de alegação...
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