Acórdão nº 076412 de Supremo Tribunal Administrativo (Portugal), 02 de Dezembro de 1988 (caso None)
| Magistrado Responsável | FERNANDES FUGAS |
| Data da Resolução | 02 de Dezembro de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT M CAETANO MANUAL VI 10ED PAG89 E VII 9ED PAG921.
Área Temática: DIR CIV - DIR REAIS. DIR ADM - ADM PUBL.
Legislação Nacional: CCIV867 ART380. CCIV66 ART202 N2 ART483 ART875 ART1304 ART1316. DL 46673 DE 1961/11/29. DL 289/73 DE 1973/06/06 ART19 N1 N2 ART22 N1. CNOT67 ART89. CRP84 ART7. CPC67 ART661 N2.
Sumário : I - Os bens adquirem o caracter dominial publico: por preceito legal; por declaração de pertença a essa classe e por afectação da coisa a utilidade publica e, não se verificando nenhuma destas situações, o predio em causa não integra o dominio publico. II - Os alvaras de loteamento são um instrumento firmado pela autoridade competente pelo qual esta fez saber a existencia de certo direito constituido em proveito de determinada pessoa, sendo por essa forma que se titula a licença de loteamento, com as condições e limitações a que ficam obrigados os requerentes. III - Tendo a cedencia a que se obrigou o Autor ficado dependente do loteamento da "Quinta do Mariano", que ainda não ocorreu, alem de que essa cedencia do predio em causa, havera de ser feita por escritura publica, que tambem...
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