Acórdão nº 9521256 de Court of Appeal of Porto (Portugal), 28 de Maio de 1996
| Magistrado Responsável | LEMOS JORGE |
| Data da Resolução | 28 de Maio de 1996 |
| 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 ART1376 ART1287.
Jurisprudência Nacional: AC RL DE 1968/04/03 IN JR ANOXIV PAG284. AC RC DE 1967/06/14 IN JR ANOXIII PAG626. AC RC DE 1990/10/09 IN BMJ N400 PAG350.
Sumário: I - Se os comproprietários de um prédio procederam à sua divisão material em fracções, passando cada um deles a usufruir a sua, com exclusão dos restantes, e se, embora essa divisão seja contrária ao preceituado no artigo 1376 do Código Civil, ocorrem os demais requisitos da usucapião, constituem-se tantas propriedades autónomas quantas as fracções em que o prédio foi dividido, extinguindo-se, consequentemente, a compropriedade. II - O proprietário de uma dessas fracções não goza do...
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