Acórdão nº 0009641 de Supremo Tribunal Administrativo (Portugal), 18 de Fevereiro de 1997 (caso None)
| Magistrado Responsável | LOPES BENTO |
| Data da Resolução | 18 de Fevereiro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PROF. MENEZES CORDEIRO IN DIREITOS REAIS 1979 PAG437.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1419 ART1421 N1. CPC67 ART456.
Jurisprudência Nacional: AC RL DE 1972/11/02 IN BMJ N221 PAG268. AC STJ DE 1982/03/23 IN BMJ N315 PAG270.
Sumário: I - Só são partes imperativamente comuns, "ex vi lege", do prédio as partes integrantes da estrutura do edifício ou que transcendendo o âmbito restrito de cada fracção autónoma revestem carácter colectivo, sendo objectivamente necessárias ao uso comum. II - O inciso no n. 1 do art. 1421 do CC, ao considerar comum o telhado ou os terraços de cobertura, não permite abranger nele, também, os vãos do telhado e bem assim o aproveitamento clandestino desses vãos para instalação...
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