Acórdão nº 086741 de Supremo Tribunal de Justiça (Portugal), 04 de Abril de 1995
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 04 de Abril de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR REGIS NOT. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC67 ART664. CRP84 ART7 ART28 ART120. CRP83 ART8. DL 60/90 DE 1990/02/14. CNOT67 ART74. DL 284/84 DE 1984/08/22. CCIV66 ART227 N1 ART239 ART334 ART762 N2 ART802 N2.
Jurisprudência Nacional: AC STJ DE 1978/06/01 IN BMJ N278 PAG205. AC STJ PROC83565 DE 1993/05/11. AC STJ DE 1987/02/05 IN BMJ N364 PAG787.
Sumário : I - O registo predial continua a ter uma função essencialmente declarativa; e a presunção, aliás ilidível, do artigo 7 do Código de Registo Predial de 1984, não se estende aos elementos meramente descritivos, como sejam a área ou as confrontações de prédio urbano. II - O artigo 28 do Código de Registo Predial de 1984 reporta-se a harmonização dos valores de áreas mas entre o registo predial e a matriz fiscal, e não com áreas reais. III - A referência a estas seria, sempre, corrigível, mormente a partir de iniciativa de qualquer interessado. IV - Sem mais, a não coincidência entre a área constante, identicamente, do registo predial e da matriz fiscal, e a área real (nem se sabendo qual) não justificaria a resolução do contrato-promessa. V - O princípio da boa...
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