Acórdão nº 086440 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 16 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLI PAG195 4ED. OLIVEIRA ASCENSÃO IN ESTUDOS SOBRE A SUPERFÍCIE SEPARATA DA SC IUR PAG29.
Área Temática: DIR PROC CIV - DIR OBG / TEORIA GERAL / DIR CONTRAT. DIR PROC - RECURSOS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART152 N4 ART204 N2 ART220 ART286 ART289 ART410 N1 N2 N3 ART441 N2 ART442 ART562 ART798 ART875 ART939 ART1528 ART1536 N2. CNOT67 ART89 A. CPC67 ART660 N2 ART668 N1 C ART721.
Sumário : I - As exigências de ordem formal que a Lei faz no artigo 410, n. 3 do Código Civil só são feitas quando o objecto do contrato prometido seja um edifício (ou fracção autónoma dele), ainda que em construção ou a construir. II - Na definição legal dos artigos 1524 e 1528 do Código Civil, o direito de superfície consiste na faculdade de construir ou manter, perpétua ou temporariamente, uma obra em terreno alheio, ou de nele fazer ou manter plantações. III - A constituição do direito de superfície pode resultar da alienação de obra ou árvores já existentes, separadamente da...
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