Acórdão nº 9320029 de Court of Appeal of Porto (Portugal), 04 de Janeiro de 1994
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 04 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART204 N2 ART1550 N1 ART1551. DL 196/89 DE 1989/06/14 ART1 ART3 N1 ART9 N2.
Jurisprudência Nacional: AC STJ DE 1972/12/15 IN BMJ N222 PAG402.
Sumário: I - O só facto de um prédio rústico estar incluído na Reserva Agrícola Nacional não obsta a que em tribunal se julguem verificados os requisitos de constituição de servidão de passagem a favor de prédio urbano projectado para aquele local, desde que não seja conhecida decisão definitiva dos órgãos competentes desfavorável à edificação pretendida. II - A necessidade de constituição da servidão referida em I. deste sumário tem-se por actual e relevante quando se faz sentir para a construção da casa...
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