Acórdão nº 9350321 de Court of Appeal of Porto (Portugal), 07 de Junho de 1993
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 07 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST. DIR ADM GER - LOCAL.
Legislação Nacional: CONST76 ART167 J ART201 N1 N2. CPC67 ART1052 ART1053. CCIV66 ART1353 ART1354. DL 267/85 DE 1985/07/16.
Sumário: I - As autarquias locais são pessoas colectivas territoriais, dotadas de órgãos representativos, que visam a prossecução de interesses próprios das populações respectivas. II - O regime geral e abstracto de criação, extinção ou modificação territorial das autarquias locais é matéria de reserva da Assembleia da República; nada disso tem a ver com a concreta resolução ( por via legislativa ) de divergências entre autarquias acerca dos seus limites. III - As dúvidas entre limites das freguesias respeitam à divisão administrativa do território e, portanto, ao agregado populacional cujos interesses são prosseguidos pela respectiva autarquia territorial. Nada disto tem a ver com limites de prédios confinantes a demarcar por meio de acção de arbitramento e com recurso a definição de direitos reais com instrumentos jurídicos de direito privado. IV - De acordo com parecer da Comissão de Assuntos Constitucionais, Direitos, Liberdades e Garantias, a...
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