Acórdão nº 9920235 de Court of Appeal of Porto (Portugal), 02 de Março de 1999 (caso NULL)
| Magistrado Responsável | AFONSO CORREIA |
| Data da Resolução | 02 de Março de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART204 N1 D ART342 N2 ART350 N1 N2 ART1251 ART1252 N2 ART1253 ART1260 N1 ART1261 ART1262 ART1287 ART1288 ART1293 ART1294 ART1543 ART1544 ART1547 N1 N2 ART1548 ART1555 ART1564 ART1565 N1 N2 ART1569 N3.
Jurisprudência Nacional: ASS STJ IN DR IS-A DE 1996/06/24.
Sumário: I - Assente que os autores, por si e antecessores, utilizam um caminho, bem trilhado no solo ao longo de todo o seu percurso, como acesso à sua leira fundeira, a pé e de carro de bois, durante todo o ano, há mais de 15, 20 e 30 anos, ininterruptamente, sem qualquer oposição ou perturbação e na convicção de não lesar nenhum direito de quem quer que seja, exerceram eles actos materiais de posse do direito real menor que é a servidão de passagem, de forma pública, pacífica e de boa fé, por isso conducente à usucapião daquele direito real menor...
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