Acórdão nº 079883 de Supremo Tribunal Administrativo (Portugal), 03 de Abril de 1991
| Magistrado Responsável | RICARDO DA VELHA |
| Data da Resolução | 03 de Abril de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: KARL ENGISH IN INTRODUÇÃO AO PENSAMENTO JURIDICO P84. PIRES DE LIMA IN LIÇÕES DE DIREITOS REAIS P256. MOTA PINTO IN RDES ANOXXI P133.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART342 N1 ART1296 ART1306 N1 ART1360 ART1362 N1 ART1363 N1 N2 ART1544. CCIV867 ART2325 PAR1.
Jurisprudência Nacional: AC STJ DE 1971/01/15 IN BMJ N203 PAG169.
Sumário : I - So a existencia das aberturas mencionadas no artigo 1362 n. 1 do codigo civil pode conduzir a aquisição da servidão de vistas por usucapião. II - A existencia de frestas, seteiras ou oculos em condições não permitidas não as transforma em janelas, portas, varandas, terraços, eirados ou obras semelhantes, podendo ser eliminadas a todo o tempo, a pedido do proprietario vizinho, independentemente de este fazer ou não qualquer edificação que as tape, ou substituidas por outras aberturas que obedeçam as exigencias da primeira parte do n. 2 do artigo 1363 do mesmo codigo...
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