Acórdão nº 074016 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1987 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 04 de Junho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: DL 294/77 DE 1977/07/20 ART1. CPC67 ART500 ART722 N2.
Sumário : I - Nos termos do artigo 1 do Decreto-Lei n. 294/77 de 20 de Julho, dentre os varios pressupostos da legalização das "ocupações" levadas a cabo ate 14 de Abril de 1975, avulta o de que o respectivo fogo haja sido ocupado contra a vontade e sem o conhecimento do proprietario, com o fim de ser utilizado em beneficio proprio e que tal situação se mantenha na data em que for pedida a legalização. II - O referido pressuposto não se verifica se o pretenso ocupante permanece no predio mediante acordo celebrado com o dono do mesmo, segundo o qual lhe foi consentida provisoria e graciosamente a sua utilização, com a...
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