Acórdão nº 063276 de Supremo Tribunal de Justiça (Portugal), 15 de Janeiro de 1971
Magistrado Responsável | CAMPOS DE CARVALHO |
Data da Resolução | 15 de Janeiro de 1971 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV867 ART476 ART518 ART528 ART2306 ART2307. CPC67 ART274 N3 ART1060 N3. CCIV66 ART1340.
Jurisprudência Nacional: ASS STJ DE 1969/11/28 IN BMJ N191 PAG188.
Sumário : I - Tanto para a prescrição de imoveis, pela posse de 15 anos, como para a acessão imobiliaria, nos termos, respectivamente, dos artigos 528 e 2306 do Codigo Civil (de 1867), e indispensavel que a posse seja titulada e de boa fe. II - A existencia de justo titulo supõe um titulo capaz, eficiente, em face da lei, para transmitir a propriedade de bens imobiliarios, independentemente, porem, do direito do transmitente III - Não constitui justo titulo, por isso, a doação verbal de imoveis, por esta so constituir meio legitimo de aquisição de imobiliarios quando efectuada por escritura publica. IV - A falta de justo titulo, naquelas circunstancias, exclui tambem a existencia de boa fe. V - O artigo 1340 do novo Codigo Civil não constitui preceito interpretativo, mas inovador, não sendo susceptivel de aplicação retroactiva. VI - O disposto no n. 3 do artigo 274 do Codigo de Processo Civil não constitui obstaculo a admissão, em processo de divisão de coisa comum, de...
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