Acórdão nº 98B682 de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 1998 (caso None)
Magistrado Responsável | FERREIRA DE ALMEIDA |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COOP. DIR CIV - DIR REAIS / DIR OBG.
Legislação Nacional: CSC86 ART53. CCOOP80 ART8. CCIV66 ART1311 N1 N2 ART1484 ART1524 ART1525 ART1528.
Sumário : I - Vindo provado que a moradia objecto de reivindicação foi construída e implantada em terreno adquirido pela cooperativa autora a uma câmara municipal em direito de superfície - portanto ao abrigo do regime estabelecido nos artigos 1524, 1525 e 1528 do C.Civil - e encontrando-se tal prédio descrito e registado na Conservatória em nome daquela superficiária, e na mediada em que esta última é ou virá a ser titular pleno do direito de propriedade é de aplicar a tal direito a disciplina jurídica própria do direito de propriedade. II - O facto de, em termos estatutários, uma cooperativa de habitação haver cedido o uso de uma...
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