Acórdão nº 9350826 de Court of Appeal of Porto (Portugal), 24 de Maio de 1994
| Magistrado Responsável | MATOS FERNANDES |
| Data da Resolução | 24 de Maio de 1994 |
| 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 ART1403 N2 ART1420 N1 ART1421 N2 D.
Sumário: I - É irrelevante o arbitramento efectuado a requerimento de um condómino de edifício em propriedade horizontal, se antes da compra da respectiva fracção aceitou a inicial demarcação do espaço de garagem pelo construtor-vendedor, instituidor da propriedade horizontal, e se tal demarcação é confirmada pelo regulamento do condomínio, segundo o qual "a garagem, embora criada em espaço comum, tem demarcados lugares de utilização privativa e o direito a essa utilização faz parte integrante da propriedade privada de cada condómino, sendo inseparável da respectiva fracção autónoma". II - O autor, último dos adquirentes das fracções, com a...
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