Acórdão nº 082464 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1992
Magistrado Responsável | AMANCIO FERREIRA |
Data da Resolução | 09 de Dezembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M ANDRADE NOÇ 1976 P6. P LIMA A VARELA ANOT VIII 2ED P113. A VARELA RLJ ANO116 P14. M RODRIGUES POSSE 3ED P98. M PINTO DIR REAIS P190.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART303 ART1252 N2 ART1292 ART1296. CPC67 ART668 N1 E. CRP84 ART6 N1.
Sumário : I - A acção em que se pede se declare serem os Autores proprietários de certos andares, na sua posse, é apenas de simples apreciação e não de reivindicação. II - A posse é constituída por dois elementos: o "corpus", retenção, fruição ou possibilidade de fruição da coisa; e do "animus", intenção de exercer sobre ela, como seu titular, o direito real correspondente à actuação exercida. III - Dada a dificuldade da prova do "animus", o...
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