Acórdão nº 087611 de Supremo Tribunal Administrativo (Portugal), 04 de Outubro de 1995 (caso None)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 04 de Outubro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1524 ART1536 N1 D N2. CPC67 ART910 N1. DL 794/76 DE 1976/11/05 ART20 N1 N2.
Sumário : I - Como direito de construir, o direito de superfície tem por objecto o solo de outrem; e, uma vez realizada a obra superficiária, o direito de superfície estende-se à mesma, traduzindo-se então no direito de manter a construção em solo alheio, o que significa o direito de propriedade superficiária. II - Constituído o direito de superfície através de cedência gratuita, mediante escritura, de um terreno municipal a uma instituição educacional para que esta nele construísse um infantário, clausulando-se embora a reversão para o Município do aludido terreno com todas as benfeitorias, em caso de ao terreno ser dado...
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