Acórdão nº 0012931 de Court of Appeal of Porto (Portugal), 13 de Fevereiro de 1979
| Data | 13 Fevereiro 1979 |
| 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 PAG621. J R BASTOS IN DIREITO DAS COISAS V4 PAG209.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1569 N2.
Sumário: I - Apesar de logicamente se justificar a cessação judicial de quaisquer servidões que se tornem desnecessárias, só as constituídas por usucapião se contemplam no preceito do artigo 1569 2 do Código actual, correspondente ao parágrafo único que a Reforma de 1930 aditou ao artigo 2279 do Código Civil de 1867. II - Não pode dizer-se constituída por usucapião, a que o foi apenas por transacção judicial em processo instaurado para o seu reconhecimento, mas em que a questão da sua...
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