Acórdão nº 9330696 de Court of Appeal of Porto (Portugal), 14 de Junho de 1994
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 14 de Junho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1044 ART1048 N1 ART490.
Jurisprudência Nacional: AC STJ DE 1975/01/07 IN BMJ N243 PAG194.
Sumário: I - Para a procedência de acção de posse judicial avulsa (artigo 1044 do Código de Processo Civil) ainda que a transmissão esteja comprovada pelo registo definitivo, é sempre necessário juntar-se documento constitutivo do título translativo de propriedade. II - Título translativo, para este efeito, é o documento que incorpora e retrata a transparência do direito de propriedade de uma para outra pessoa. III - A falta de resposta, nos termos do artigo 1048, n. 1 do Código de Processo Civil, tem como consequência a cominação do artigo 490 do mesmo diploma. IV...
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