Acórdão nº 9220218 de Court of Appeal of Porto (Portugal), 24 de Novembro de 1992
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 24 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1052 N1 ART1053 N1 ART1054 ART1056 ART668 N3 ART28 N2. CCIV66 ART1550 ART1553. DL 39/76 DE 1976/01/19 ART1 ART2. L 91/77 DE 1977/12/31.
Jurisprudência Nacional: AC STA DE 1988/05/03 IN BMJ N377 PAG296. AC RP DE 1979/07/19 IN CJ T4 ANOIV PAG1263. AC RP DE 1967/10/06 IN JR ANO13 PAG742. P PGR DE 1987/10/22 IN BMJ ANO378 PAG27.
Sumário: I - Não cabe, na decisão a proferir no termo da fase declarativa da acção contestada de arbitramento com vista à constituição da servidão, decidir o sítio e dimensões desta com omissão assim da fase executiva. II - A pronúncia indevida de uma sentença dessas integra não uma nulidade processual mas verdadeira nulidade de sentença. III - O artigo 1550 do Código Civil contempla não só o encrave absoluto como também o relativo, este quer seja excessivamente incómoda...
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