Acórdão nº 9340735 de Court of Appeal of Porto (Portugal), 19 de Abril de 1994
| Magistrado Responsável | PAZ DIAS |
| Data da Resolução | 19 de Abril 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 ART1385.
Jurisprudência Nacional: AC STJ DE 1985/05/16 IN BMJ N347 PAG409. AC STJ DE 1982/05/25 IN BMJ N317 PAG262.
Sumário: I - Relativamente à aquisição, por usucapião do direito à água de fontes e nascentes em prédio alheio, para além dos requisitos gerais da usucapião, exige a lei a construção de obras no prédio onde se situa a fonte ou nascente, que recebem a captação e a posse da água nesse mesmo prédio. II - Essas obras podem ser realizadas quer pelo dono do prédio onde as águas brotam, quer pelo dono do prédio que delas pretenda aproveitar-se, sendo indispensável apenas que as obras resultem, inequivocamente, da acção do...
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