Acórdão nº 079660 de Supremo Tribunal Administrativo (Portugal), 29 de Janeiro de 1991
Magistrado Responsável | LEITE MARREIROS |
Data da Resolução | 29 de Janeiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
LegislaÁ„o Nacional: CCIV66 ART1344 N1 ART1373 ART1374 N1 ART1545 ART1546 ART1569. CPC67 ART264 ART456 N2 ART612 ART614 ART615 ART712 N1 A B.
Sum·rio : I - A construÁ„o de uma chamine pelos Reus a partir da vertical de uma varanda dos autores ocupando todo o muro de meaÁ„o, invade necessariamente a area pertencente aos autores tendo em vista o espaÁo aereo integrado no direito de propriedade dos mesmos (artigo 1344 n. 1 do Codigo Civil). II - Requerida pelos Reus uma inspecÁ„o judicial ao local e indeferido aquele pedido, o Supremo Tribunal de JustiÁa n„o pode apreciar esta quest„o se o despacho proferido pelo Juiz Presidente durante a audiencia n„o foi objecto de qualquer recurso, por ter transitado em julgado. III - O n„o uso...
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