Acórdão nº 081341 de Supremo Tribunal de Justiça (Portugal), 13 de Fevereiro de 1992
| Magistrado Responsável | JOSE MAGALHÃES |
| Data da Resolução | 13 de Fevereiro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART323 ART342 N2 ART1259 N1 ART1287 ART1290 ART1292 ART1293 A ART1294 - ART1297 ART1547 ART1548.
Sumário : I - Para que o contrato seja susceptivel de levar a constituição de uma servidão predial e necessario que haja um contrato a isso destinado, isto e, um acordo vinculativo, assente sobre duas declarações de vontade que visem estabelecer uma regulação de interesses contrapostos mas harmonicos entre si. II - Provado apenas que os pais do Autor autorizaram os Reus a passarem a pe para as parcelas que tinham verbalmente prometido comprar-lhe, não ha qualquer prova de que os Reus adquiriram por contrato ou tenham sido autorizados a passarem de carro pela indicada parcela do autor e a eles cabia fazer tal prova como facto impeditivo que e do direito que o Autor se propos fazer valer (artigo 342 n. 2 do Codigo Civil...
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