Acórdão nº 0409977 de Court of Appeal of Porto (Portugal), 28 de Maio de 1991
| Magistrado Responsável | CARDOSO LOPES |
| Data da Resolução | 28 de Maio de 1991 |
| 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 ART1569 N2 N3.
Jurisprudência Nacional: AC RC DE 1956/01/24 JR T1 ANO2 PAG249. AC STJ DE 1986/12/04 IN BMJ N362 PAG526. AC RP DE 1990/09/20 IN CJ T4 ANOXV PAG211.
Sumário: I- As servidões constituidas por destinação do pai de familia não podem extinguir-se por desnecessidade (art. 1569, numeros 2 e 3 C.C.); II- Não tem sentido invocar-se a constituição de servidão por usucapião, se anteriormente ja fora constituida por destinação do pai de familia; III-E conclusivo o quesito, em...
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