Acórdão nº 064781 de Supremo Tribunal Administrativo (Portugal), 14 de Dezembro de 1973 (caso None)
| Magistrado Responsável | ACACIO CARVALHO |
| Data da Resolução | 14 de Dezembro de 1973 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ESTÃO JUNTOS PARECERES DOS PROFS R QUEIRO ANTUNES VARELA E FREITAS DO AMARAL.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART444 ART445 ART2288. CCIV66 ART5 ART9 ART12 ART13 ART227 ART400. D DE 1892/09/30 ART2 ART59. D 5787-F DE 1919/05/10 ART2 ART87. D 15401 DE 1928/04/17 ART2. D DE 1894/07/05 ART60. CONST33 ART49 N1 PAR1. L 3/71 DE 1971/08/16. CPC67 ART97. L 677 DE 1917/04/15.
Sumário : I - A concessão pelo periodo de 50 anos da exploração e exportação de aguas minero-medicinais, efluentes de fonte situada em terreno rustico propriedade de uma Camara Municipal, feita em 1914 por este corpo administrativo a uma entidade privada, e inteiramente valida dado a legislação que ao tempo superintendia na materia - Decreto de 30 de Setembro de 1892, Regulamento aprovado pelo Decreto de 5 de Julho de 1894 e Codigo Civil de 1867 - estabelecer que essas aguas pertencem aos donos dos predios em que brotavam, enquanto não houvesse expropriação da nascente. II - Portanto...
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