Acórdão nº 074879 de Supremo Tribunal Administrativo (Portugal), 11 de Outubro de 1989 (caso None)
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 11 de Outubro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART566 ART829 N2 ART1414 ART1415 ART1420 N1 N2 ART1421 N1 B ART1422 ART1425 N1 N2.
Jurisprudência Nacional: AC STJ DE 1971/10/29 IN BMJ N210 PAG136. AC STJ DE 1981/03/19 IN BMJ N305 PAG303. AC STJ DE 1982/03/23 IN BMJ N315 PAG279.
Sumário : I - No conceito de inovação, que corresponde ao pensamento da disposição do artigo 1425 do Código Civil, cabem tanto as alterações introduzidas na substância ou na forma da coisa, como as modificações estabelecidas na afectação ou destino da coisa. II - O artigo 1425 proibe apenas as inovações que possam prejudicar qualquer condómino na utilização, quer das coisas próprias, quer das comuns, porque, quando tal aconteça, nem com o voto da maioria qualificada (dois terços) se pode fazer a inovação, contra vontade do condómino. III - A sanção a aplicar ao condómino que desobedeça à lei nesta matéria é a demolição da inovação, a qual não pode ser substituída, ao abrigo dos artigos 829 n. 2 e 566 do Código Civil, por indemnização ao lesado, já que estes normativos só procedem para o não cumprimento das obrigações em geral e não para efeitos relacionados com a propriedade horizontal. IV - O n. 2 do artigo 1425 do Código Civil não distingue entre grande prejuízo e prejuízo mínimo, contentando-se com o facto de as inovações serem capazes de prejudicar a utilização da...
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