Acórdão nº 9210600 de Court of Appeal of Porto (Portugal), 22 de Abril de 1993
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 22 de Abril de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1265 ART1290 ART1404 ART1405 N2 ART1406 N2.
Jurisprudência Nacional: AC STJ DE 1964/10/02 IN BMJ N140 PAG445.
Sumário: I - Provado que um poço pertence em compropriedade a vários consortes, os direitos destes na água são qualitativamente iguais, embora possam ser quantitativamente diferentes. II - As quotas presumem-se quantitativamente iguais na falta de indicação em contrário do título constitutivo. III - Sendo comuns as águas, comuns serão também as obras de captação ou armazenamento usualmente utilizadas no aproveitamento dessas águas. IV - O uso de coisa comum por um dos comproprietários não constitui posse...
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