Acórdão nº 0123503 de Court of Appeal of Porto (Portugal), 20 de Março de 1990
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 20 de Março de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1360 N1 N2 ART1363 N1 N2 ART1364. CCIV867 ART2325.
Jurisprudência Nacional: AC STJ DE 1976/01/16 IN BMJ N253 PAG179. AC RP DE 1988/01/28 IN CJ T1 ANOXIII PAG198. AC RP DE 1982/07/15 IN CJ T4 ANOVII PAG208.
Sumário: I - As restrições ao direito de propriedade consignadas nos ns. 1 e 2 do artigo 1360 do Código Civil visam impedir as construções aí referidas, a menos de certa distância, que tornem possível o devassamento do terreno vizinho. II - Nada existe na lei que obrigue as paredes de quaisquer construções a terem a mesma solução de continuidade, ou seja, constituídas por material da mesma natureza, textura e consistência. III - Uma abertura...
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