Acórdão nº 9330417 de Court of Appeal of Porto (Portugal), 08 de Fevereiro de 1994
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 08 de Fevereiro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR REGIS NOT. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART4 N2 A. CRP84 ART69 N2 ART70 ART47 N1 N3 ART82.
Jurisprudência Nacional: AC RC DE 1987/11/17 IN CJ NAOXII T5 PAG40.
Sumário: I - A acção de reivindicação é uma acção condenatória e não de simples apreciação ou declaração, se o autor, estando já na posse da coisa, se limita a pedir o reconhecimento do seu direito de propriedade, tornado duvidoso por qualquer circunstância. II - Esta acção é admitida pelo artigo 4, n. 2, alínea a) do Código de Processo Civil, mas não é uma acção de reivindicação. III - Se um prédio estiver omisso na matriz, a participação para a inscrição não constitui acto de que o processo registral seja absolutamente dependente, apenas justificando e impondo a sua descrição ou inscrição provisória. IV - O registo provisório de aquisição de um direito...
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