Acórdão nº 074494 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
Magistrado Responsável | SOARES TOME |
Data da Resolução | 30 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS / PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1430 ART1433. CPC67 ART144 N4 ART398 ART489 N1 ART721 N2 ART722 N2 ART729 N3 ART755 N1 B.
Sumário : I - Na propriedade horizontal, as deliberações da assembleia de condominos que sejam havidas como contrarias a lei ou a regulamentos aprovados são anulaveis a requerimento de condomino que as não tenha aprovado. II - O direito de propor a respectiva acção caduca no prazo de vinte dias a contar da data da deliberação, se o condomino estiver presente, ou da comunicação, quando não estiver presente. III - Toda a defesa deve ser deduzida na contestação. IV - O fundamento do recurso de revista e a violação da lei substantiva. V - A função do Supremo Tribunal de Justiça, traduz-se na aplicação da lei aos factos, salvo as excepções do n. 2 do artigo 722 e n. 3 do artigo 729, ambos do Codigo de...
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