Acórdão nº 9230473 de Court of Appeal of Porto (Portugal), 07 de Dezembro de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 07 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART892 ART305 N2 ART1057. CPC67 ART320 N1 N2. CRP88 ART1 ART2 N1 A ART3 N1 A ART5 N1 ART6 ART7 ART8 N1 ART9 ART78 N1 A ART92 N1 A N3 ART101 N1 N2 B F N4.
Jurisprudência Nacional: AC STJ DE 1972/04/04 IN BMJ N219 PAG201. AC STJ DE 1977/12/15 IN BMJ N272 PAG160. AC STJ DE 1982/03/04 IN BMJ N315 PAG244. AC STJ DE 1983/06/07 IN BMJ N328 PAG504. AC RC DE 1988/05/10 IN CJ ANOXIII T3 PAG60. AC RC DE 1988/05/24 IN CJ ANOXIII T3 PAG79. AC RC DE 1990/06/26 IN CJ ANOXV T3 PAG62. AC RE DE 1989/05/04 IN CJ ANOXIV T3 PAG264. AC RE DE 1989/10/26 IN CJ ANOXIV T4 PAG265.
Sumário: I - A disposição do artigo 3, nº 1, alínea a) do Código do Registo Predial deve ser interpretada restritivamente, por forma a deixar de fora do seu campo de aplicação as acções que tenham por fim, principal ou acessório, o reconhecimento de um direito dos referidos no artigo 2, já de antemão registado a favor do autor. II - O titular inscrito no registo, estando de boa fé e tratando-se, pelo menos, de aquisição a título oneroso, goza, face a "terceiros", de uma posição forte, inexpugnável, correspondente à de quem beneficia da presunção "iuris et de iure" da existência e titularidade do direito. III - Se os interesses em confronto são os do titular do registo e os de um beneficiário de uma divergente realidade substantiva, não "terceiros" entre si, ou os do titular inscrito e um "terceiro", desde que aquele esteja de má fé ou, só para certa corrente, tenha adquirido o direito a título gratuito, nestes casos a posição do titular inscrito é menos forte, expugnável, visto que ele goza de presunção meramente...
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