Acórdão nº 9150704 de Court of Appeal of Porto (Portugal), 02 de Março de 1992
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 02 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART274 N2 N3 ART1053 N1. CCIV66 ART1561 N4.
Jurisprudência Nacional: AC RE DE 1984/07/12 IN CJ T4 ANOIX PAG291. AC RC DE 1984/07/03 IN CJ T4 ANOIX PAG36. AC STJ DE 1971/01/15 IN BMJ N203 PAG163. AC RP DE 1975/10/03 IN BMJ N252 PAG200.
Sumário: I - Nas acções de arbitramento, havendo contestação, é lícito deduzir reconvenção com pedido a que corresponda também processo comum, verificados que sejam os requisitos legais respectivos. II - Para a dedução do pedido de servidão de aqueduto é necessário o reconhecimento judicial do direito à água. III - É admissível, em acção de arbitramento para constituição de servidão...
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