Acórdão nº 0022274 de Court of Appeal of Porto (Portugal), 28 de Janeiro de 1988
Magistrado Responsável | FLAVIO FERREIRA |
Data da Resolução | 28 de Janeiro de 1988 |
Emissor | 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 PAG202 PAG204. PIRES DE LIMA IN RLJ ANO97 PAG349 ANO99 PAG240.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1360 ART1363.
Jurisprudência Nacional: AC STJ DE 1976/01/16 IN BMJ N253 PAG179. AC STJ DE 1956/01/11 IN RT ANO74 PAG185. AC STJ DE 1957/03/26 IN BMJ N65 PAG478. AC STJ DE 1964/04/17 IN BMJ N136 PAG354. AC STJ DE 1966/02/08 IN BMJ N154 PAG326. AC RP DE 1982/07/15 IN CJ T4 PAG208.
Sumário: I - A proibição legal de construir terraços e abrir janelas sem obediência a certas regras de distância ou com obrigação de tapagem em parte tem como única finalidade evitar o devassamento do prédio vizinho, cessando, portanto, a proibição sempre que esse devassamento não se verifique. II - Janela é a abertura que tem por destinação objectiva e função normal, para além de fornecer luz e assegurar a entrada de ar, a de facultar vistas, permitir ver- -se através dela, quer tenha...
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