Acórdão nº 079660 de Supremo Tribunal de Justiça (Portugal), 29 de Janeiro de 1991
| Magistrado Responsável | LEITE MARREIROS |
| Data da Resolução | 29 de Janeiro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART1344 N1 ART1373 ART1374 N1 ART1545 ART1546 ART1569. CPC67 ART264 ART456 N2 ART612 ART614 ART615 ART712 N1 A B.
Sumário : I - A construção de uma chamine pelos Reus a partir da vertical de uma varanda dos autores ocupando todo o muro de meação, invade necessariamente a area pertencente aos autores tendo em vista o espaço aereo integrado no direito de propriedade dos mesmos (artigo 1344 n. 1 do Codigo Civil). II - Requerida pelos Reus uma inspecção judicial ao local e indeferido aquele pedido, o Supremo Tribunal de Justiça não pode apreciar esta questão se o despacho proferido pelo Juiz Presidente durante a audiencia não foi objecto de qualquer recurso, por ter transitado em julgado. III - O não uso...
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