Acórdão nº 9120252 de Court of Appeal of Porto (Portugal), 12 de Dezembro de 1991
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 12 de Dezembro 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 ART1550 N1 ART1550 N2 ART1555 N1 ART342.
Sumário: 1- De acordo com o Art. 1555, n. 1, C. Civil, o proprietário de prédio onerado com servidão legal de passagem, qualquer que tenha sido o título constitutivo, tem direito de preferência, no caso de venda, dacção em cumprimento ou aforamento do prédio dominante. 2- A referência que naquele preceito se faz a "qualquer que seja o título constitutivo" permite a interpretação de que as servidões ali previstas não são apenas as constituídas por sentença judicial, mas também as já constituídas por outro modo e com características tais que permitissem terem sido constituídas por sentença judicial. 3- O Art. 1550, C. Civil, explica quando se pode constituir servidão legal de passagem, dizendo no seu n. 1 que é permitido ao proprietário de prédio absolutamente encravado e, no seu n. 2, ao proprietário de prédio relativamente encravado. 4- Estando provado que o...
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