Acórdão nº 082266 de Supremo Tribunal de Justiça (Portugal), 03 de Junho de 1992
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 03 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART274 N3 ART470 N2 ART489 ART664 ART1034 N1 N2 4. CCIV66 ART670 A ART758 ART1037 N2 ART1125 ART1133 ART1188 N2 ART1251 ART1253 ART1263 B ART1267 N1 C ART1268 ART1277 ART1282 ART1311 ART1312.
Jurisprudência Nacional: AC STJ DE 1960/11/08 IN BMJ N101 PAG585. AC STJ DE 1984/01/05 IN BMJ N333 PAG398.
Sumário : I - Nas acções possessorias não e normalmente admissivel a reconvenção a pedir indemnização ou reconhecimento do direito de propriedade, sendo-o, porem, quando por esse meio se pretender a restituição ou a manutenção da posse do Reu que alegue ter sido turbado ou esbulhado dessa posse. II - Considera-se defesa por excepção e não materia de reconvenção o pedido em que o Reu unicamente solicita o reconhecimento como titular e unico dono da loja peticionada pelo Autor. III - Quer a usucapião, quer a caducidade da acção, devem ser alegadas pelo Reu na contestação sob pena de se considerar precludido o direito de o fazer posteriormente. IV - A causa de pedir na acção de restituição de posse e o acto ou facto juridico em que o...
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