Acórdão nº 083266 de Supremo Tribunal de Justiça (Portugal), 20 de Maio de 1993
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 20 de Maio de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS PROC ESP VOLI PÁG461.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS. DIR CIV - DIR REAIS / DIR OBG. DIR REGIS NOT. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CPC67 ART153 ART201 ART202 ART203 ART659 N2 ART660 ART668 ART713 N2 ART729 ART1044 ART1051. CRP84 ART2 N1 E N3 ART3 N1 A N2 ART6 ART7 ART8 ART79 N1 N2. CCIV66 ART1251 ART1264. LOTJ87 ART29.
Sumário : I - Como resulta do artigo 29 da lei n. 38/87, de 23 de Dezembro, e do artigo 729, do Código de Processo Civil, o Supremo Tribunal de Justiça apenas conhece de questões de direito, sendo-lhe vedado alterar a matéria de facto decidida pela 2. instância, salvo casos excepcionais. II - O fundamento da acção possessória é a existência de título translativo de propriedade registado definitivamente (ou em condições de o ser) e a detenção do imóvel por pessoa diferente do titular do registo. III - A mera posse a que se refere o artigo 2, n. 1 da alínea e) do Código de Registo Predial é a posse jurídica definida no artigo 1251 do Código Civil. IV - Na acção de posse judicial avulsa, a posse não é a causa de pedir, nela se visando apenas a posse material e efectiva e não a mencionada posse jurídica. V - Esta acção destina-se a obter a posse material e efectiva da coisa transmitida e transferida para o adquirente no caso de ela se encontrar em poder de...
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