Acórdão nº 9451133 de Court of Appeal of Porto (Portugal), 26 de Junho de 1995
| Magistrado Responsável | RIBEIRO DE ALMEIDA |
| Data da Resolução | 26 de Junho de 1995 |
| 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 ART1390 N1 N2 ART1395 N1 ART1543 ART1547 ART1392 N1 ART286 ART333.
Sumário: I - Opera-se a aquisição, por usucapião, da água - e respectiva servidão de aqueduto - proveniente de uma mina aberta em prédio alheio - tal como a poça do seu represamento - através do qual foi conduzida para prédio do Autor, por um rego a céu aberto, permanentemente, e, depois, substituido por tubagem, de forma visível, tudo acompanhado de trabalhos de limpeza. II - Tal aquisição traduz um direito de propriedade e não um direito de servidão de águas, pelo que esse direito não é passível de extinção por não uso durante dez anos. III - O poder de uso de águas, conferido no artigo 1329 n.1, do Código Civil, aos habitantes de povoação ou casal para gastos domésticos, é condicionado pelo seu...
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