Acórdão nº 98B1164 de Supremo Tribunal de Justiça (Portugal), 22 de Abril de 1999 (caso NULL)
| Magistrado Responsável | DIONISIO CORREIA |
| Data da Resolução | 22 de Abril de 1999 |
| 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 ART1547 N2 ART1550 ART1555 N1 N2. CPC67 ART514 N2 ART664. DL 329-A/95 DE 1995/12/12 ART16. DL 180/96 DE 1996/09/25. CRP84 ART7.
Jurisprudência Nacional: AC STJ DE 1995/05/11 IN CJSTJ ANOIII TII PAG75.
Sumário : I - O direito legal de preferência consagrado no artigo 1555, n. 1, do Código Civil, depende de a servidão de passagem ter sido constituída a favor do prédio nas condições aludidas no artigo 1550, ou seja, o prédio dominante deve ser encravado. II - A presunção, resultante do registo definitivo, da existência do direito e da pertinência ao titular inscrito, nos...
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