Acórdão nº 081020 de Supremo Tribunal de Justiça (Portugal), 21 de Janeiro de 1992
Magistrado Responsável | RUI BRITO |
Data da Resolução | 21 de Janeiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR REGIS NOT.
Legislação Nacional: CRP84 ART2 N1 A ART3 N1 A C N2 ART4 ART7 ART8 ART34 ART101 N2 B. CCIV66 ART291 N1 N2 N3 ART349 ART371 N1 ART892 ART1402 ART1410 N1. CPC67 ART271 N2 N3.
Sumário : I - A falta de registo da acção não torna o direito legal de preferência inoponível aos terceiros que tenham adquirido direito sobre a coisa litigiosa no período da "mora litis". As consequências da omissão são de ordem meramente processual (artigo 271 do Código de Processo Civil). II - Se o preferente registou a acção, a sentença favorável que nela obtiver tem uma eficácia superior à que normalmente deriva do caso julgado, além de vincular as partes, produz ainda efeitos contra todo aquele que adquirir sobre a coisa litigiosa, durante a pendência da acção, direitos incompatíveis com os do preferente. III - Se o registo não é efectuado, a sentença terá apenas a sua eficácia normal, "interpartes". Mas o autor não fica impedido de fazer valer o seu direito "real" contra terceiros para quem a coisa tenha sido entretanto transmitida. Simplesmente, para lograr o efeito a que se dirigia a primeira acção necessita de os convencer em novo pleito. IV - O Código de Registo Predial quer que haja uma correspondência do registo com a realidade; mas impõe que o interessado nessa correspondência, e na correlativa alteração de um registo...
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