Acórdão nº 076431 de Supremo Tribunal de Justiça (Portugal), 10 de Novembro de 1988
Magistrado Responsável | ALMEIDA RIBEIRO |
Data da Resolução | 10 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: GUILHERME MOREIRA IN AS AGUAS NO DIREITO CIVIL PORTUGUES PAG101.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART434 ART438. D 5787-IIII DE 1919/05/10 ART33. CCIV66 ART1386 N1 D.
Jurisprudência Nacional: AC STJ DE 1973/05/29 IN BMJ N227 PAG159.
Sumário : I - No dominio do direito anterior ao Codigo Civil de Seabra, mais precisamente ate 21 de Março de 1868, era licito a qualquer particular, se outro o não tivesse feito antes, apropriar-se para fins agricolas ou fabris das aguas de uma corrente não navegavel ou flutuavel, mediante a construção de obras permanentes de captação e derivação; a isto chama-se direito de preocupação. II - Na medida dessa apropriação, verificava-se uma desafectação do uso publico das aguas apropriadas, tornando-se estas particulares, tendo os direitos resultantes da preocupação sido salvaguardados...
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