Acórdão nº 9140799 de Court of Appeal of Porto (Portugal), 09 de Abril de 1992
| Magistrado Responsável | PAIS DE SOUSA |
| Data da Resolução | 09 de Abril de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG. DIR TRIB - DIR FISC.
Legislação Nacional: TGIS32 ART120-A N1 B.
Jurisprudência Nacional: AC RP DE 1989/12/05 IN CJ T5 ANOXIV PAG200.
Sumário: I - A hipoteca sobre um terreno alarga-se ao edifício, quando haja, depois, uma construção; ocorrendo uma posterior constituição do regime de propriedade horizontal, a hipoteca onera cada um dos direitos daí resultantes pela totalidade do débito garantido. II - A manutenção na propriedade horizontal das hipotecas anteriormente constituídas e logo registadas, filia-se directamente na natureza real dessa garantia imobiliária: havendo conflito, prevalece o direito real mais antigo; a hipoteca leva a melhor sobre a propriedade horizontal, sempre que ambos esses direitos devam ser exercidos de modo incompatível. III - O imposto...
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