Acórdão nº 0408762 de Court of Appeal of Porto (Portugal), 03 de Abril de 1990
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 03 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1422 N2 A C ART1425 N1.
Jurisprudência Nacional: AC RC DE 1981/11/17 IN CJ T5 ANOVI PAG71. AC RL DE 1984/10/30 IN CJ T4 ANOIX PAG128. AC RP DE 1988/05/31 IN CJ T3 ANOXIII PAG234. AC RL DE 1989/02/21 IN CJ T1 ANOXIV PAG127.
Sumário: I - O simples facto de se ter provado que um dos condóminos acrescentou ao seu rés-do-chão um anexo de cerca de 6 por 4,5 metros, no sentido do sul, e que a poente desse anexo construiu um rebordo de cimento, tudo sobre logradouro próprio da sua fracção, não é suficiente para, por si só, permitir que se afirme que tais obras prejudicam a linha arquitectónica e o arranjo estético do edifício. II - O fim ou destino, a que alude o artigo 1422, n. 2, alínea c) do Código Civil, respeita à fracção autónoma. III - A proibição de dar à fracção uso diverso...
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