Acórdão nº 0309916 de Court of Appeal of Porto (Portugal), 05 de Junho de 1990
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 05 de Junho de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1251 ART1287 ART1296 ART1362 N1 ART1547 N1 ART1548 N1.
Jurisprudência Nacional: A RP DE 1978/02/09 IN CJ ANOIII PAG801.
Sumário: I - Sendo a servidão de vistas exemplo típico de uma servidão contínua ( cujo exercício é independente de facto do homem, resultando do simples facto da existência da janela deitando sobre o prédio vizinho, em condições de este poder ser visto e devassado ) e aparente ( visto que se revela pela existência da janela ), pode ela constituir-se por usucapião ( artigo 1547, n. 1 e 1548 n. 1, " a contrario " do Código Civil. II - Nos termos do artigo 1362, n. 1 do Código Civil " a existência de janelas ... em...
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