Acórdão nº 0409049 de Court of Appeal of Porto (Portugal), 15 de Maio de 1990
Data | 15 Maio 1990 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART81 ART1351 N1 ART1360 N1 ART1544 ART1305 ART334.
Jurisprudência Nacional: AC STJ DE 1986/06/17 IN BMJ N358 PAG511. AC STJ DE 1980/03/26 IN BMJ N295 PAG431.
Sumário: I - Improcede o pedido dos autores de tapagem de janelas abertas em prédio vizinho com infracção ao disposto no artigo 1360, nº 1 do Código Civil, se tais aberturas foram por eles autorizadas. II - A conduta dos autores é abusiva do direito, por constituir um "venire contra factum proprium", violador de uma situação objectiva de confiança. III - O disposto no artigo 1544 do Código Civil pressupõe que as utilidades objecto de servidão sejam conformes com a lei ou com o sistema jurídico em geral. IV - Não pode constituir-se servidão para escoamento de líquidos mal cheirosos e conspurcantes, ainda que se tenham provado os elementos material e psicológico da usucapião. V - O lançamento para o prédio vizinho de efluentes de lavagens e esgotos é lesivo de direitos de personalidade, como o direito à saúde, ao bem estar, à qualidade de vida dos...
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