Acórdão nº 075456 de Supremo Tribunal de Justiça (Portugal), 16 de Dezembro de 1987 (caso NULL)
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 16 de Dezembro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART1398 ART1403. CPC67 ART193 N2 B ART288 N1 B ART474 N1 A ART661 N1 ART664 ART668 N1 C.
Sum·rio : I - S„o coisas diversas o condominio e a compropriedade das aguas, como se ve do cotejo entre os artigos 1398 e 1403, ambos do Codigo Civil, aquele a caracterizar-se pela fixaÁ„o de um direito exclusivo sobre uma parte delimitada da agua e a compropriedade a definir-se pelo mero aproveitamento em comum dela. II - Assim, tendo os autores pedido o reconhecimento de comproprietarios sobre determinadas aguas, e nula a sentenÁa, por condenaÁ„o em objecto diverso do pedido, que condenou os reus a reconhecer o direito de condominio dos autores sobre as mesmas aguas. III - Ultrapassadas as fases do despacho...
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