Acórdão nº 086747 de Supremo Tribunal de Justiça (Portugal), 19 de Outubro de 1995
| Magistrado Responsável | FERREIRA DA SILVA |
| Data da Resolução | 19 de Outubro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART204 N2 ART1251 ART1252 N2 ART1268 ART1296 ART1311.
Jurisprudência Nacional: AC STJ DE 1985/01/17 IN BMJ N343 PAG335.
Sumário : I - Em acção de reivindicação fundada em aquisição derivada, o autor tem de alegar os factos tendentes a mostrar que adquiriu a coisa por um título e que o direito de propriedade já existia na posse do transmitente. II - Posse é o poder que se manifesta quando alguém actua por forma correspondente ao exercício do direito de propriedade ou de outro direito real. III - Na posse distinguem-se dois momentos: o corpus, seu elemento material, e o animus. A habitação numa casa, com o seu gozo, caracteriza o primeiro elemento, enquanto o segundo se evidencia na circunstância de nunca ter sido...
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