Acórdão nº 066412 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1977 (caso NULL)
| Data | 26 Abril 1977 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS / TEORIA GERAL.
LegislaÁ„o Nacional: CCIV66 ART280 ART292 ART294 ART1412 ART1415 ART1416.
Sum·rio : I - A regra de nulidade formulada no artigo 294 do Codigo Civil n„o e absoluta, cedendo sempre que outra soluÁ„o resulte da lei devidamente interpretada. II - Para a propriedade horizontal existe um regime especial, cujo aspecto mais saliente consiste na convers„o sistematica da sua constituiÁ„o com ofensa da lei no regime comum da compropriedade, da qual se partira de novo para a estatuiÁ„o da propriedade horizontal em termos legais, ou simplesmente para a divis„o nos termos do artigo 1412 do referido Codigo. III - Assim, a inclus„o de uma parte comum do predio em fracÁ„o autonoma n„o implica nulidade parcial do titulo constitutivo, mas sim, a ser...
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