Acórdão nº 98B796 de Supremo Tribunal de Justiça (Portugal), 03 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | HERCULANO NAMORA |
| Data da Resolução | 03 de Fevereiro de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR REAIS.
Legislação Nacional: DL 201/75 DE 1975/04/15. CCIV66 ART410 N1 ART754 ART1129 ART1135 H ART1137 N2 ART1253 ART1311 N1 N2 ART1323 N4 ART1405 N2.
Jurisprudência Nacional: AC STJ DE 1980/01/29 IN BMJ N293 PAG341.
Sumário : I - São dois os requisitos para a procedência da acção de reivindicação: - que o autor seja proprietário da coisa reivindicada; - que o réu seja detentor ilegítimo dessa coisa. II - Tratando-se de uma situação de compropriedade, cada consorte pode reivindicar de terceiro a coisa comum, sem que a este seja lícito opor-lhe que ela lhe não pertence por inteiro - artigo 1405 n. 2 do CCIV. III - Não havendo sido convencionado o pagamento de qualquer renda a título de retribuição pela cedência de prédio rústico, não pode existir validamente celebrado um contrato de arrendamento rural, face ao...
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