Acórdão nº 9210796 de Court of Appeal of Porto (Portugal), 15 de Abril de 1993
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 15 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART470 ART494 N1 G ART496 A ART497 N1 N2 ART498. CCIV66 ART1305 ART1311 ART1360 N1 ART1363 ART1364. CCJ62 ART142 N1.
Sumário: I - A proibição contida no artigo 1360, nº 1 do Código Civil da abertura de portas e janelas sem observância do intervalo de um metro e meio imposto nessa disposição legal visa impedir a violação da propriedade alheia com o devassamento de passagem ou vistas. II - Na acção de reivindicação, o pedido do reconhecimento do direito de propriedade não é mais que antecedente ou pressuposto do pedido de restituição que essencialmente a caracteriza, pelo que, sendo o pedido, afinal, do ponto de...
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