Acórdão nº 9130805 de Court of Appeal of Porto (Portugal), 23 de Abril de 1992
| Magistrado Responsável | MARIO CANCELA |
| Data da Resolução | 23 de Abril de 1992 |
| 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 ART1251 ART1263 N1 A ART1549.
Sumário: I - O simples facto de os autores passarem num caminho não se coaduna com a demonstração da intenção de actuarem por forma correspondente ao exercício do direito de servidão constituída por antigo dono e não reveste, por falta de " animus ", a natureza de actos de posse que façam presumir a titularidade do direito, ou seja, a posse. II - A mera existência do caminho por onde passavam os autores e outras pessoas...
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