Acórdão nº 9820832 de Court of Appeal of Porto (Portugal), 23 de Março de 1999 (caso NULL)
| Data | 23 Março 1999 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART193 N2 B ART496 ART498 N4. CCIV66 ART1282 ART1561 ART1565.
Sumário: I - Fundando os autores o direito à posse da água na sua divisão, aquando da divisão do primitivo prédio, e na sua utilização como donos, no seu prédio, não existe qualquer contradição entre a causa de pedir da posse e o pedido da sua restituição, tanto mais que, quanto a este, alegaram que dela foram esbulhados. II - Configurando como servidão a colocação, há 16 anos, de um cano ou tubo no poço, para extracção da água, pedindo o seu reconhecimento, também não ocorre qualquer contradição entre aquele facto - colocação e posse do tubo ou cano - e o pedido de reconhecimento do direito de servidão. III - Não tendo...
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