Acórdão nº 085789 de Supremo Tribunal de Justiça (Portugal), 17 de Novembro de 1994 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 17 de Novembro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART1380 N1 ART1381 A ART1543 ART1547 N1 N2 ART1555. PORT 202/70 DE 1970/04/21.
JurisprudÍncia Nacional: AC STJ DE 1983/07/12 IN BMJ N329 PAG561.
Sum·rio : I - Classificar uma servid„o j· constituida de legal ou predial depende do resultado a que se chegar na averiguaÁ„o de saber se a mesma, independentemente do seu tÌtulo de constituiÁ„o, pode ou n„o ser imposta coactivamente. II - O artigo 1380 do CCIV66, no seu n. 1, atribui o direito real de preferÍncia aos propriet·rios dos terrenos confinantes quando, alÈm de outros pressupostos, o seu prÈdio tem ·rea inferior ‡ unidade de cultura. III - Se no prÈdio do propriet·rio que se apresenta a...
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