Acórdão nº 062036 de Supremo Tribunal Administrativo (Portugal), 02 de Fevereiro de 1968 (caso None)
Data | 02 Fevereiro 1968 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART1548 PAR2 ART2309 ART2311.
Sumário : I - Não se pode considerar encravado, para efeitos de servidão de passagem, um predio que tem acesso directo a via publica. II - Tendo o encrave resultado do facto dos proprios autores, que podiam ter feito a passagem para os seus quintais pelos proprios talhões, aplica-se o artigo 2311 do Codigo Civil de 1867, e aqueles não podem exigir o encargo de passagem sobre o predio vizinho. III - A interpretação dos contratos e materia de facto da exclusiva competencia das instancias. IV - Se estas interpretaram um documento como sendo uma promessa de constituição voluntaria de servidão de passagem, trata-se de uma prestação de facto, que so vincula quem a fez, e não quem tenha sido alheio a esse contrato, mesmo que se trate de...
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