Acórdão nº 0122895 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1991
| Magistrado Responsável | ANTAS DE BARROS |
| Data da Resolução | 19 de Dezembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV867 ART2325 PAR1. CCIV66 ART325 N1 N2 ART1265 ART1290 ART1292 ART1362.
Sumário: 1- Reconstruido o predio dos autores na vigencia do C. Civ. de 1867 e existindo nela, desde então, aberturas que eram havidas como frestas, as mesmas não foram executadas em contravenção do disposto no corpo do art. 2325 do referido diploma. 2- Assim, não prescrevendo tais aberturas contra o vizinho, este "podera a todo o tempo que queira, levantar a sua casa ou contra-muro, ainda que vede a luz das ditas aberturas". 3- Os autores eram, portanto, relativamente a essas aberturas meros possuidores precarios, que reconstruiram o seu predio em conformidade com as disposições legais. 4- Como detentores ou possuidores precarios, os...
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