Acórdão nº 077618 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1989
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 15 de Junho de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART350 N2 ART1251 ART1260 N1 N2 ART1263.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG308.
Sumário : I - A palavra "posse", além do seu sentido técnico-jurídico, comporta, no seu sentido vulgar, o significado de fruição, gozo, disposição de frutos, coisa ou direito e, como tal, perceptível pela generalidade das pessoas; o mesmo acontece com as expressões "pacífica" e "pública". II - A presunção de aquisição com base em escrituras públicas não arguidas de falsas funciona a favor do possuidor de tal modo que é lícito pensar que este, ao adquirir a posse, ignorava lesar o direito de outrem. III - A posse é um poder de facto que se manifesta quando alguém...
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