Acórdão nº 9150570 de Court of Appeal of Porto (Portugal), 24 de Março de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 24 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: PORT 202/70 DE 1970/04/21. CCIV66 ART1376 ART1377 C. CPC67 ART664 ART514 N1 N2 ART665.
Jurisprudência Nacional: AC STJ DE 1987/02/25 IN BMJ N364 PAG849. AC STJ DE 1988/02/02 IN BMJ N374 PAG449.
Sumário: I - O artigo 1376, nº 1 do Código Civil proibe o fraccionamento dos terrenos aptos para cultura em parcelas de área inferior à superfície mínima correspondente à unidade de cultura fixada para cada zona do país ( actualmente pela Portaria nº 202/70, de 21 de Abril ). II - Não constando dos autos nem a área do terreno aludido na escritura nem a da "sexta parte" adquirida pelos A.A., não pode o Tribunal da Relação pronunciar-se, nem sequer oficiosamente, sobre tais questões, pois só pode servir-se dos factos alegados pelas partes, com as ressalvas - que não são o caso - do artigo 664 do Código de Processo Civil. III - De qualquer modo, tendo-se apurado que na parcela adquirida em...
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