Acórdão nº 9140088 de Court of Appeal of Porto (Portugal), 17 de Setembro de 1992
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 17 de Setembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR REAIS.
Legislação Nacional: CCIV66 ART204 N1 B ART1255.
Sumário: I - As águas são consideradas coisas imóveis. II - Os títulos de sua aquisição são, portanto, os meios legítimos de aquisição da propriedade sobre imóveis ou de constituir servidão. III - Conforme o título da sua constituição, o direito à àgua que nasce em prédio alheio pode ser um direito ao uso pleno da água, sem qualquer limitação ou, apenas, o direito de a aproveitar noutro prédio mas apenas de acordo com as necessidades deste. IV - No primeiro caso está-se perante um direito de propriedade da água; no segundo está-se perante um direito de servidão. V - Tanto a propriedade como a servidão podem ser adquiridas por usucapião. VI - A usucapião, porém, só é de atender quando a fruição da água por terceiro for acompanhada da construção de obras, visíveis e permanentes, no prédio onde existe a fonte ou nascente que revelem a captação e a posse da água nesse prédio. VII - Não exige a lei que as obras se...
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