Acórdão nº 080114 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1991
| Magistrado Responsável | RICARDO DA VELHA |
| Data da Resolução | 31 de Janeiro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART17 ART18 ART28 ART269 N1 ART356 ART497 ART671 ART690 N3. CCIV66 ART1110 N1 ART1311 N1. L 35/81 DE 1981/08/27 ARTUNICO.
Sumário : I - Na acção de reivindicação em que a re não põe em duvida o direito de propriedade da autora, antes excepciona com a existencia de um direito de arrendamento, não tem interesse na causa o marido da re, ja que o contrato de arrendamento alegado foi por esta celebrado, so ela vivendo no predio reivindicado, e encontrando-se separados de facto ha longos anos. II - Por isso, sendo apenas a re a detentora ou possuidora da coisa reivindicada, o proprietario pode exigir judicialmente a re o reconhecimento do seu...
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