Acórdão nº 9220401 de Court of Appeal of Porto (Portugal), 08 de Fevereiro de 1993
Data | 08 Fevereiro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1547 N1 ART1550 ART1551 ART1555. CCIV867 ART2309. D 19126 DE 1930/12/16.
Jurisprudência Nacional: AC RP PROC9250189 DE 1992/10/19.
Sumário: I - O artigo 1555 do Código Civil só concede preferência ao proprietário de prédio onerado com servidão legal de passagem, qualquer que tenha sido o título constitutivo. II - Titulares desse direito de preferência são aqueles que, donos de um prédio, suportam sobre ele uma servidão de passagem constituída por sentença judicial ou acto administrativo, ou por um acto de vontade própria, motivado pelo conhecimento da sujeição em que se encontram de, mesmo contra sua vontade, a verem constituída por aqueles outros meios. III - Pressuposto do direito de preferência é a constituição de uma servidão seja por que título for, à qual preexistia uma servidão legal no sentido de " direito potestativo de a constituir coercivamente sobre prédio alheio ". Iv - Tal direito não existe sobre prédios urbanos - artigo 1550, nº 1 do Código Civil. V - O prédio que nasce com uma comunicação suficiente ( designadamente uma servidão constituída...
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