Acórdão nº 088403 de Supremo Tribunal Administrativo (Portugal), 16 de Abril de 1996 (caso None)
| Magistrado Responsável | FERNANDO FABIÃO |
| Data da Resolução | 16 de Abril de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS / DIR FAM / DIR SUC.
Legislação Nacional: CCIV66 ART236 N1 ART334 ART762 N2 ART1316 ART1340 ART1404 ART1407 N2 ART1408 N2 ART1682 N3 ART2091. CPC67 ART511 N1 ART650 N2 ART664 ART712 N2 ART729 N3.
Jurisprudência Nacional: AC STJ DE 1986/03/06 IN BMJ N355 PAG373. AC STJ DE 1993/06/08 IN CJ TII ANOI PAG146. AC STJ DE 1994/12/14 IN CJ TIII ANOII PAG180. AC STJ DE 1972/06/16 IN BMJ N218 PAG252. AC STJ DE 1983/11/15 IN BMJ N331 PAG449. AC STJ DE 1995/06/14 IN CJSTJ TII ANOIII PAG127.
Sumário : I - De acordo com os vários números do artigo 1340 do Código Civil de 1966, os elementos integradores da acessão industrial imobiliária são:- a) a incorporação consistente no acto voluntário da realização da obra, da sementeira ou plantação; b) a natureza alheia do terreno sobre o qual é erguida a construção, lançada a sementeira ou efectuada a plantação; c) a pertinência inicial dos materiais ao autor da incorporação; d) a formação de um todo único entre o terreno e a obra; e) o maior valor da obra relativamente ao terreno; f) a boa fé do autor da incorporação, sendo que esta se traduz em o autor da obra, sementeira ou plantação desconhecer que o terreno era alheio ou em a incorporação ter sido autorizada pelos donos do terreno. II - A autorização para construir, semear ou plantar em terreno que se encontra em regime de comunhão (comunhão conjugal, compropriedade, herança indivisa, etc), embora não constitua um acto de alienação ou oneração do...
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