Acórdão nº 072813 de Supremo Tribunal Administrativo (Portugal), 24 de Outubro de 1985 (caso None)
Data | 24 Outubro 1985 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART2325. CCIV66 ART12 ART1363 N2.
Sumário : I - No caso dos autos, o regime juridico relativo as janelas, frestas, seteiras e oculos a aplicar e do artigo 2325 e seus paragrafos do Codigo Civil de 1867, por força do artigo 12 do Codigo Civil actual, pois as duas aberturas em causa foram feitas ha mais de 50 anos e ate agora se mantiveram inalteraveis, nas suas dimensões e configuração. II - Nesse artigo 2325 e paragrafos se proibe a abertura de janelas, portas, eirados ou varandas que deitem directamente sobre o predio vizinho, sem deixar o intervalo de metro e meio entre aquelas e esse predio, proibição que não se estende as frestas, seteiras ou oculos para luz, aberturas estas que a todo tempo o seu vizinho podera vedar, levantando a sua casa ou contra- -muro. III - Ai se estabelece a prescrição no prazo de 10 anos, das obras executadas em contravenção com o ai disposto, passando a constituir servidões, unicamente de ar e luz, tendo o dono do predio vizinho de respeitar a distancia acima em qualquer construção. - Assim, no Codigo Civil de 1867, dado que não se fixavam dimensões como acontece no actual - artigo 1363, n. 2, não se permitia para...
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