Acórdão nº 079287 de Supremo Tribunal de Justiça (Portugal), 12 de Junho de 1990
| Magistrado Responsável | FIDALGO DE MATOS |
| Data da Resolução | 12 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 - TEORIA GERAL / DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART350 ART819 ART1264. CPC67 ART684 ART838 N3. CRP84 ART2 N1 A ART5 N1 N2 A ART6 ART7 ART9.
Jurisprudência Nacional: AC STJ DE 1982/06/22 IN BMJ N318 PAG415. AC STJ DE 1982/06/22 IN BMJ N330 PAG421. AC STJ DE 1983/06/07 IN BMJ N328 PAG504. AC STJ DE 1988/01/06 IN BMJ N373 PAG468.
Sumário : I - Os registos constituem presunção "tantum juris" de que os direitos existem e pertencem ao titular inscrito - artigo 7 do Código do Registo Predial - podendo ser afastada por prova em contrário, uma vez que a lei o não exclui - - artigo 350 do Código Civil. II - Para efeitos de registo predial (artigo 5, n. 1 do Código de Registo Predial), terceiros são apenas aqueles que adquirem de um autor comum direitos incompatíveis. III - A compra do imóvel, feita pelo outorgante antes da penhora do mesmo, e...
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