Acórdão nº 0013024 de Court of Appeal of Porto (Portugal), 20 de Julho de 1978
| Data | 20 Julho 1978 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA-ANTUNES VARELA IN COD CIV ANOT V3 PAG568 PAG584.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART204 N2 ART1551 ART1555.
Jurisprudência Nacional: AC STJ DE 1974/12/20 IN BMJ N242 PAG294.
Sumário: I - Para efeitos do disposto no artigo 1555 do Código Civil, exige-se que a servidão esteja constituida, não bastando a situação de facto capaz de conferir o direito potestativo para a sua constituição. II - A servidão legal de passagem só recai sobre prédios ou sobre quintais, jardins ou terrenos adjacentes de prédios urbanos. III - A servidão legal de passagem pode...
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