Acórdão nº 063651 de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 1971 (caso None)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 29 de Outubro de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART556 N1 ART829 N1 N2 ART1305 ART1347 ART1420 N1 ART1421 N1 N2 C ART1422 N1 N2 A ART1425 N1. L 2030 DE 1948/06/22 ART30. DL 40333 DE 1955/10/14. CRP67 ART2 N1 B ART110 ART111. CPC67 ART661 N2.
Sum·rio : I - Consignando-se, no documento constitutivo da propriedade horizontal de um predio urbano, que a uma determinada fracÁ„o ficavam a pertencer os terrenos entre os pilares sobre que assenta o edificio, pertencem exclusivamente aos proprietarios daquela fracÁ„o os mencionados terrenos, com os respectivos locais vazados entre os pilares, em tudo o que os delimita e define e n„o esta incorporado na parte do ch„o em que assenta a estrutura do predio. II - Podiam os mesmos proprietarios, pois, exercer plenamente o seu direito de propriedade sobre os referidos terrenos. III - N„o podiam tais proprietarios, porem, construir lojas nesses terrenos, englobando partes comuns do predio, nomeadamente os seus pilares, sem aprovaÁ„o da maioria dos condominos. IV - N„o podiam igualmente os mesmos, com a construÁ„o das lojas, prejudicar a linha arquitectonica ou o arranjo estetico do edificio. V - A construÁ„o das lojas n„o se pode considerar como uso da fracÁ„o para fim diverso daquele a que foi destinada, se no titulo constitutivo da propriedade horizontal n„o foi atribuida qualquer finalidade aos espaÁos em que as...
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