Acórdão nº 080951 de Supremo Tribunal Administrativo (Portugal), 31 de Outubro de 1991 (caso None)
| Magistrado Responsável | BALTAZAR COELHO |
| Data da Resolução | 31 de Outubro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART236 ART239 ART1415 ART1421 N1 C. CRP84 ART7. CPC67 ART446 ART449.
Sumário : I - Sendo um lote constituido por uma area coberta - edificio de res-do-chão e dois andares, com dois fogos cada piso - e uma area descoberta, esta area não constitui parte comum se, face ao titulo constitutivo da propriedade horizontal do predio consta apenas que qualquer das suas fracções tem saida propria para uma parte comum do predio e desta para a via publica, dado o preceituado, entre outros, pelos artigos 1415 e 1421 n. 1, alinea c) do Codigo Civil, e ainda por motivo de os primeiros e segundos andares do predio não poderem ter saida "propria" para a area descoberta. II - De acordo com o artigo 7 do Codigo do Registo Predial a descrição e inscrições prediais estabelecem meras presunções. III - Ha manifesto lapso na descrição e inscrição prediais...
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