Acórdão nº 083062 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1993
Magistrado Responsável | FARIA DE SOUSA |
Data da Resolução | 13 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: D 16461 DE 1929/02/05. CPC67 ART1044 ART1046 ART1049 N2. CCIV867 ART479 ART486 ART491 ART493. CCIV66 ART1272 ART1273 ART1277 ART1283 ART1284.
Sumário : I - O processo de posse judicial é garantia da transmissão da posse operada em consequência do registo de transmissão, ou da própria transmissão quando não sujeita a registo. II - Neste processo, que não se subordina ás regras civis da transmissão da posse, nem tem a natureza de acção possessória, só pode curar-se da posse quando o Contestante a invoque em sua defesa, mas só se resolve sobe a pura detenção material ou dos rendimentos (artigo 1049, n. 2 do Código de Processo Civil). III - De facto, o seu fundamento não é a posse, mas o registo do acto ou o título do mesmo acto, ou seja, a presunção de propriedade derivada do registo ou título. IV - Ao...
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