Acórdão nº 9450113 de Court of Appeal of Porto (Portugal), 19 de Setembro de 1994
| Magistrado Responsável | MARQUES PEIXOTO |
| Data da Resolução | 19 de Setembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV.
Legislação Nacional: CCIV66 ART374 N2 ART375 N3 ART410 ART412 ART413 ART830. DL 236/80 DE 1980/07/18. DL 378/86 DE 1986/11/11.
Jurisprudência Nacional: AC STJ DE 1968/05/28 IN BMJ N177 PAG250.
Sumário: I - Pode produzir-se prova contra a autenticidade da assinatura reconhecida notarialmente, independentemente da arguição da falsidade desse reconhecimento, pois este constitui um simples juízo ou apreciação do notário ( laudo pericial ). II - Não há portanto qualquer presunção da veracidade dessa assinatura potenciadora de inversão do ónus da prova. III - As alterações introduzidas pelos Decreto-Lei n. 236/80, de 18 de Julho e Decreto-Lei n. 379/86, de 11 de Novembro, aos artigos 410, 412, 413, 421, 755 e 830, todos do Código Civil, apenas se aplicam a contratos-promessa relativos a edifícios existentes ou projectados. IV - Mesmo que o promitente-comprador tenha exercido em próprio nome a posse da coisa a partir do contrato-promessa, tal posse é uma posse condicional, dependente, na...
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