Acórdão nº 085154 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CONST82 ART206. CCIV66 ART204 N2 ART342 N1 ART1305. CPC67 ART137 ART266 ART493 N3 ART516 ART619 N1 ART632 N3 ART655 N2 ART722 N1 ART1044 ART1048 N1 ART1049 N1 N2 ART1051. CNOT67 ART89 A. CRP84 ART2 N1 A. DL 30/93 DE 1993/02/12.
Jurisprudência Nacional: AC STJ DE 1979/10/31 IN BMJ N290 PAG320. AC STJ DE 1981/06/30 IN BMJ N308 PAG198.
Sumário : I - Ao recorrer-se para o Supremo Tribunal de Justiça, por princípio, não se trata de renovar a apreciação de recursos interpostos para a segunda Instância, mas, sim, de analisar o decidido na segunda Instância, na medida das conclusões do recorrente. II - O processo de posse ou entrega judicial não é definitivo, atento o artigo 1051 do Código de Processo Civil. III - Tal processo tem por finalidade a concessão sumária da utilização de uma coisa por quem, dela, nunca tenha tido posse material e efectiva, e evidência sem o proprietário. IV - Mas, para tanto, o autor tem ónus de prova de título translativo de propriedade da coisa em questão, e do registo correspondente ou viabilidade deste. V - As noções civilísticas de prédios urbanos ou rústicos não dependem de critérios fiscais; e estão ligadas às finalidade e essencialidade dos bens (artigo 204 n. 2 do Código Civil). VI - Se se demonstra a compra e venda de prédios rústicos, não se...
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