Acórdão nº 066435 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1977
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 24 de Fevereiro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CCIV66 ART286 ART474 ART898. DL 47952 DE 1967/09/22 ART1 ART5 N2 N3. DL 54/75 DE 1975/02/12 ART1 ART5 N2 N3.
Sum·rio : I - O registo de automoveis n„o tem natureza constitutiva. II - A validade do contrato de compra e venda n„o depende, em geral, do registo, resultando da falta deste uma sanÁ„o mas n„o a nulidade ou sequer a anulabilidade do contrato de transmiss„o. III - E nesta ordem de ideias que geralmente se reconhece, quer para efeitos de responsabilidade civil quer para efeitos de responsabilidade penal, a possibilidade de demonstrar a falta de coincidencia entre o registo e a titularidade real do direito de propriedade sobre o veiculo. IV - O Decreto-Lei n. 47952, de 22 de Setembro de 1967, e o Decreto-Lei n. 54/75, de 12 de Fevereiro, declaram obrigatorio o registo mas, na sua falta, contentam-se com a apreens„o dos documentos relativos ao veiculo, obviamente para impedir a respectiva circulaÁ„o, ate que a realizaÁ„o do registo seja feita, necessariamente com base nos contratos celebrados e por isso pressupondo a validade e eficacia destes. V - E assim notorio que a eficacia ou validade do contrato de compra e venda de automoveis n„o depende da feitura do registo consequente, como n„o depende da realizaÁ„o dos registos anteriores, apenas ficando prejudicada a individualizaÁ„o dos respectivos proprietarios bem como sacrificada a publicidade, o conhecimento relevante, por terceiros. VI - O...
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