Acórdão nº 9450727 de Court of Appeal of Porto (Portugal), 22 de Junho de 1995
| Magistrado Responsável | ALVES BARATA |
| Data da Resolução | 22 de Junho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1340 N4 ART2091.
Jurisprudência Nacional: AC STJ DE 1986/05/06 IN BMJ N355 PAG373. AC STJ DE 1972/06/16 IN BMJ N218 PAG252.
Sumário: I - Não tendo o terreno ocupado com a implantação de um caminho sido objecto de expropriação, ainda que indirecta, ou de apropriação irregular ( construção por erro em terreno alheio, na convicção de ser próprio ), a propriedade do terreno ocupado continua a caber ao respectivo proprietário agredido no seu direito com a ocupação ilicitamente feita. II - A ocupação com obra alheia, sem que o autor desta demonstre prévia autorização do dono do terreno, não autoriza que o ocupante invoque a acessão industrial imobiliária por falta do elemento boa-fé integrador da...
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