Acórdão nº 065938 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1976 (caso None)
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 16 de Janeiro de 1976 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: RGEU51 ART60 ART73. CCIV66 ART1360 ART1362. CCIV867 ART2325.
Jurisprudência Nacional: AC STA DE 1964/12/11 IN COL AC PAG158.
Sumário : I - Os artigos 59, 60 e 73 do Regulamento Geral das Edificações Urbanas e os artigos 1360 e 1362 do Codigo Civil, respeitantes as restrições e limitações do direito de propriedade não são incompativeis. II - Enquanto os primeiros as preveem com base no interesse publico, os segundos referem-nos unicamente com base em interesses particulares. III - O terraço utilizado unicamente como cobertura e sem acesso não viola os artigos 1360 e 1362 do Codigo Civil, pois a proibição de os construir sem obediencia a certas regras de distancia ou com obrigação de os tapar em parte tem como unica finalidade evitar o devassamento do...
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