Acórdão nº 078986 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1990
| Magistrado Responsável | MENERES PIMENTEL |
| Data da Resolução | 06 de Junho de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART650 F ART664 ART712 N2. CCIV66 ART1129.
Jurisprudência Nacional: AC STJ DE 1988/01/26 IN BMJ N373 PAG488.
Sumário : I - O Supremo Tribunal de Justiça, pode verificar se a Relação usou correctamente do poder conferido pelo artigo 712, n. 2 do Codigo de Processo Civil. II - Em uma acção de reivindicação da propriedade de determinado imovel urbano, provado o direito de propriedade, aquela acção so não procedera se o detentor provar qualquer titulo legitimo que justifique a detenção. III - Provados factos integradores do contrato do comodato, não interessa quesitar factos caracterizadores de um contrato de arrendamento, pois aquele exclui este. IV - E insuficiente para caracterizar o contrato de comodato ter o falecido marido da autora (então comproprietario com esta do imovel) dito as testemunhas por ela indicadas que autorizava a utilização do predio "por mera situação de favor sem que os reus lhe tivessem de pagar qualquer quantia ate que estes edificassem a sua moradia. V -...
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