Acórdão nº 064215 de Supremo Tribunal Administrativo (Portugal), 15 de Dezembro de 1972 (caso None)
| Magistrado Responsável | JOÃO MOURA |
| Data da Resolução | 15 de Dezembro de 1972 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART204 N2 ART1410 N1 N2 ART1551 ART1555.
Jurisprudência Nacional: AC STJ DE 1972/07/21 IN BMJ N219 PAG217.
Sumário : - So as servidões legais de passagem podem ser fonte do direito de preferencia, qualquer que seja o seu titulo constitutivo (artigo 1555 do Codigo Civil). II - Da conjugação dos artigos 1550 e 1551 do Codigo Civil resulta o principio de que so não podem constituir-se servidões sobre predios urbanos (servidões legais), na parte destes predios respeitante aos edificios incorporados no solo. III - Assim, se a servidão de passagem incidir sobre os terrenos que sirvam de logradouro dos edificios, e legitimo o exercicio do direito de preferencia. IV - O preço a que se refere o artigo 1410, n. 1, do Codigo Civil, e constituido unicamente pelo elemento essencial do...
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