Acórdão nº 0013034 de Court of Appeal of Porto (Portugal), 27 de Julho de 1978
Data | 27 Julho 1978 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: PIRES DE LIMA-ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO V3 PAG226. LOBÃO IN TRATAMENTO DAS ÁGUAS PAR26 RLJ ANO74 PAG12.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: ALVARÁ DE 1804/11/27 PARXV PARXII PARXIII. D 5787-IIII DE 1919/05/10 ART33 ART107. CCIV867 ART438. CCIV66 ART1386 N1 D.
Sumário: I - A "preocupação" deixou de ser título de apropriação de águas públicas com a entrada em vigor do Código Civil de 1867. Porém, continua a manter-se o direito a essas águas quando adquirido por esse modo em data anterior a essa entrada em vigor. II - A "preocupação" consiste na apropriação exclusiva de determinada quantidade de água pública, por meio de obras adequadas, como a presa, aqueduto ou levada, e a sua utilização em determinado prédio ou grupo de prédios. III - Para ser reconhecido o direito às águas de uma corrente não navegável nem flutuável, adquirido por preocupação, para determinados prédios, apenas é...
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