Acórdão nº 082947 de Supremo Tribunal Administrativo (Portugal), 27 de Abril de 1993 (caso None)
Magistrado Responsável | CESAR MARQUES |
Data da Resolução | 27 de Abril de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CPC67 ART638 N1 N2 ART722 N2. CCIV66 ART342 N1 N3 ART1543 ART1547 N2 ART1550 N1 N2.
Sumário : I - O erro na apreciação das provas e na fixação dos factos materiais da causa não pode ser objecto de recurso de revista, salvo não se verificarem as excepções previstas na parte final do n. 2 do artigo 22 do Código de Processo Civil. II - O artigo 1550 do Código Civil estebelece no seu n. 1, que os proprietários dos prédios que não tenham comunicação com a via pública têm a faculdade de exigir a constituição de servidões de passagem sobre os prédios rústicos vizinhos; e o n. 2 atribui igual faculdade ao proprietário que tenha comunicação insuficiênte com a via pública, por terreno seu ou alheio. III - Cumpre aos autores fazer a prova dos...
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