Acórdão nº 078986 de Supremo Tribunal Administrativo (Portugal), 06 de Junho de 1990 (caso None)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 06 de Junho de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CPC67 ART650 F ART664 ART712 N2. CCIV66 ART1129.
JurisprudÍncia Nacional: AC STJ DE 1988/01/26 IN BMJ N373 PAG488.
Sum·rio : I - O Supremo Tribunal de JustiÁa, pode verificar se a RelaÁ„o usou correctamente do poder conferido pelo artigo 712, n. 2 do Codigo de Processo Civil. II - Em uma acÁ„o de reivindicaÁ„o da propriedade de determinado imovel urbano, provado o direito de propriedade, aquela acÁ„o so n„o procedera se o detentor provar qualquer titulo legitimo que justifique a detenÁ„o. III - Provados factos integradores do contrato do comodato, n„o interessa quesitar factos caracterizadores de um contrato de arrendamento, pois aquele exclui este. IV - E insuficiente para caracterizar o contrato de comodato ter o falecido marido da autora (ent„o comproprietario com esta do imovel) dito as testemunhas por ela indicadas que autorizava a utilizaÁ„o do predio "por mera situaÁ„o de favor sem que os reus lhe tivessem de pagar qualquer quantia ate que estes edificassem a sua moradia. V -...
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