Acórdão nº 073276 de Supremo Tribunal Administrativo (Portugal), 06 de Novembro de 1986 (caso None)
| Data | 06 Novembro 1986 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: D 23565 DE 1934/02/15 ART1 G. D 5787IV DE 1919/11/05. DL 18713 DE 1930/11/06. DL 39780 DE 1954/08/21. L 2078 DE 1955/11/07. CCIV867 ART202 N2 ART280 ART380 ART669.
Sumário : I - Não e aplicavel a definição de coisa publica, nem o artigo 380 do Codigo Civil de 1867, nem o Codigo Civil vigente, mas antes o artigo 1 do Decreto n. 23 265, de 15 de Fevereiro de 1934, cuja alinea g) tem por base o conceito segundo o qual a dominialidade se caracteriza pelo uso publico directo e imediato, uso esse que da a coisa o sinal de afectação a um fim de utilidade publica. II - Pertence ao dominio publico, constituindo uma via de circulação de aglomerado urbano, uma faixa com a largura de 12,20 metros, inserida num terreno particular do municipio, compreendida entre casas de um bairro e um muro de vedação de predios particulares, por onde, desde 1898, e, ininterruptamente ate aos dias...
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