Acórdão nº 9120715 de Court of Appeal of Porto (Portugal), 21 de Abril de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 21 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1386 N1 A ART1390 N2.
Sumário: I - Por força do disposto no artigo 1386, n. 1, alínea a) do Código Civil, as águas que nascerem em prédio particular, transpuserem os limites deste e, correndo por prédios particulares, se lançarem numa água pública, perdem a natureza de águas particulares para se integrarem no domínio público. II - Ainda mesmo que se prove que as águas daquela nascente são dela conduzidas por uma poça com boeiro que dá directamente para um rego e por este seguem a céu aberto, através de outros prédios particulares até se lançarem numa corrente não navegável nem flutuável ( água do domínio público ) e, percorridos cerca de 50 metros, numa parte dessas águas é encaminhada e utilizada para o prédio dos autores, essa utilização não é já a das águas daquela nascente, mas a de parte das águas públicas da referida corrente, não sendo aplicável a tal situação o artigo 1386, n. 1, alínea a), primeira parte do Código Civil. III - É irrelevante para o caso a natureza privada do leito ou álveo dessa corrente não navegável nem flutuável ( cfr. artigo 1387, n. 1, alínea b) do...
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