Acórdão nº 9120123 de Court of Appeal of Porto (Portugal), 01 de Abril de 1993
Magistrado Responsável | SALRETA PEREIRA |
Data da Resolução | 01 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART408 ART956 N1 ART291. CRP84 ART1 ART5 ART7 ART8 ART9 ART17 N2.
Jurisprudência Nacional: AC STJ DE 1982/03/04 IN BMJ N315 PAG244.
Sumário: I - Apesar da evolução resultante da obrigatoriedade indirecta do registo, introduzida em 1984, no estádio actual do nosso direito registral, os princípios da inoponibilidade a terceiros dos actos não registados, da legitimação e da fé pública registral consagrados nos artigos 5, 7, 8, 9 e 17, nº 2 do Código do Registo Predial continuam, dado o disposto no artigo 291 do Código Civil, a não ter a força necessária para conduzir à aquisição tabular de um direito por terceiro de boa fé, a título gratuito. II - Só os terceiros adquirentes de boa fé e a título oneroso são protegidos pelo registo, convertendo-se, em relação a eles, a presunção "juris tantum" normalmente resultante do registo em presunção "juris et de jure". III - Não definido, no artigo 5, nº 1 do Código do Registo Predial, o conceito de terceiro, mas visto que o registo não é constitutivo, antes meramente declarativo, terceiro não é todo e qualquer indivíduo estranho ao acto. IV - Os actos sujeitos a registo não registados são oponíveis a qualquer adquirente de direito incompatível que não registe a respectiva aquisição. V - O conceito de terceiro registral pressuposto pelo artigo 5, nº 1 do Código do Registo Predial é o dado pelo seu artigo 17, nº 2: terceiro de boa fé, adquirente de direito incompatível, a título oneroso. VI - A natureza meramente declarativa do nosso registo ( artigos 1 e 5 do Código...
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