Acórdão nº 0124546 de Court of Appeal of Porto (Portugal), 23 de Junho de 1992
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL - DIR REAIS.
Legislação Nacional: CONST82 ART89 N2. CONST89 ART82 N1 N4. CCIV66 ART1353. DL 39/76 DE 1976/01/19 ART9 ART18 ART19. CPC67 ART646 N4.
Jurisprudência Nacional: AC STJ DE 1981/10/06 IN BMJ N310 PAG259. AC TC N325/89 DE 1989/04/04 IN BMJ N386 PAG129.
Sumário: I - Não podem ser objecto de quesitação factos conclusivos em si proprios, como acontece com aqueles em que se traduz a questão nuclear ou o " thema decidendum " da acção. II - A titularidade dos bens comunitarios - que se identificam com os baldios - pertence as proprias comunidades, constituindo, pois, propriedade comunal dos moradores de determinada freguesia, não se integrando no patrimonio publico ou privado das autarquias locais. III - Não estando presentes na lide - em que se...
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