Acórdão nº 9950794 de Court of Appeal of Porto (Portugal), 05 de Julho de 1999 (caso NULL)
Magistrado Responsável | FONSECA RAMOS |
Data da Resolução | 05 de Julho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART456. DL 284/84 DE 1984/08/22 ART2 ART116. CRP84 ART7 ART8 N1. CCIV66 ART892 ART904 ART204 B ART1386 N1 A C ART390 N1 N2 ART545 N1.
Jurisprudência Nacional: AC RP DE 1997/09/23 IN CJ T4 ANOXXII PAG192. AC RP DE 1991/12/12 IN CJ T5 ANOXVI PAG201.
Sumário: I - Nas acções reais a causa de pedir " é o título invocado como aquisitivo da propriedade ou do direito real limitado ou fraccionado que o autor pretende ver reconhecido e tutelado; não essa mesma propriedade ou esse mesmo direito real ". II - O processo de jurisdição voluntária prevista no Decreto-Lei n.284/84, de 22 de Agosto, como meio de suprimento do registo, visa estabelecer o trato sucessivo, mas os justificantes não ficam titulares do direito inscrito; apenas ficam com a presunção de titularidade desse direito, de harmonia com a regra do artigo 7 do Código do Registo Predial. III - Tendo o réu trazido ao processo uma versão dos factos totalmente contrária à realidade deles, por si conhecida, com o claro propósito de obter o reconhecimento de um direito que não detinha, bem condenado foi como litigante de má fé, alegou que tinha adquirido o direito em discussão, por usucapião, o que se revelou totalmente inverdadeiro. IV - A venda de coisa alheia é nula nos termos dos artigos 892 primeira parte e 904 do Código civil. V - Tendo o Autor alegado o seu direito a 2/3 da água que nasce em certo prédio com fundamento em que, nele, existe uma nascente de onde há mais de 20, 30, 40, mesmo 100 anos, os seus antecessores captam e conduzem, até ao seu prédio X, dois terços...
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