Acórdão nº 085833 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1994 (caso NULL)
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 03 de Novembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Indicações Eventuais: H MESQUITA A PROPRIEDADE HORIZONTAL NO CCIV PORTUGUÊS 1978 PAG21/23 PAG30/40 E DIR REAIS 1967 PAG272/273 E OBG REAIS E ÓNUS REAIS.
Área Temática: DIR CIV - DIR REAIS / DIR OBG.
Legislação Nacional: CCIV66 ART473 ART476 N1 ART477 ART478 ART1421 N1 N2 ART1422 N1 ART1424 ART1425.
Legislação Estrangeira: CCIV ITALIANO ART1120.
Sumário : I - O regime de propriedade horizontal, instituído por declaração unilateral do proprietário (título constitutivo), divide o prédio em várias fracções autónomas nas quais se incluem partes comuns, imperativa ou presuntivamente. II - Os poderes de cada condómino, quanto às partes comuns, encontram-se condicionados pelos poderes dos demais condóminos, não sendo lícito a qualquer deles exceder os poderes do mero comproprietário; quanto ás partes não comuns, o...
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