Acórdão nº 9240943 de Court of Appeal of Porto (Portugal), 01 de Junho de 1993
Magistrado Responsável | LOBO MESQUITA |
Data da Resolução | 01 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART204 N4 ART1371. CPC67 ART341 ART349.
Sumário: I - Pretendendo-se o reconhecimento do direito de propriedade de um muro como parte integrante dum prédio dos autores, haveria que demonstrar a realidade desse facto, ou seja, da sua ligação, física e permanente, com o prédio dos autores, recorrendo para tanto a provas nos termos do artigo 341 do Código Civil e não a conceitos, pois, estes são insusceptíveis de gerar presunções por não conterem facto algum conhecido, como exige o artigo 349 do Código Civil. II - O conceito legal de "parte integrante" como coisa material e permanentemente ligada a um prédio, definido no...
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