Acórdão nº 070606 de Supremo Tribunal de Justiça (Portugal), 18 de Janeiro de 1983 (caso NULL)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 18 de Janeiro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART220 ART285 ART286 ART288 ART294 ART295 ART296 ART1421 N1 A B N2 E ART1436 F ART1437 N1 N3. CPC67 ART3 N1 ART153 ART201 ART205 ART412 N1 N2 ART415 ART418 ART467 N1 C ART493 N2 ART494 N1 C ART668 N1 B C D PRIMEIRA PARTE N3 ART678 N1 ART722 N2 ART755 N2. CONST76 ART34 N2. CCJ62 ART51.
Jurisprudência Nacional: AC STJ DE 1970/10/27 IN BMJ N200 PAG244. AC STJ DE 1977/12/15 IN BMJ N272 PAG196. AC STJ DE 1977/12/07 IN BMJ N272 PAG152.
Sumário : I - Em predio submetido a regime de propriedade horizontal o vão situado entre o tecto do andar cimeiro e o telhado constitui bem comum, por integrar a estrutura do edificio. II - As obras de acesso ao vão do telhado, realizadas atraves da abertura de um buraco no tecto do andar, são susceptiveis de provocar ou acentuar o aparecimento de fendas ou infiltrações nas paredes do predio e de facilitar a propagação de um incendio, constituindo ameaça de prejuizo para os condominos. III - O administrador de predio em regime de propriedade...
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