Acórdão nº 9550351 de Court of Appeal of Porto (Portugal), 10 de Julho de 1995
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 10 de Julho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV67 ART379 ART381 ART372 ART479. CCIV66 ART1386 ART1390 N2 ART202. D5787IIII DE 1919/05/10 ART30 ART31 ART99 PARUNICO.
Sumário: I - As águas nativas e subterrâneas dos terrenos baldios são públicas. II - Como bens do domínio público eram, na vigência da Lei das Águas, imprescritiveis ( artigos 372 e 479 do Código Civil de 1867 ), continuando a sê-lo no regime do Código Civil actual ( artigo 202 n.2 ). III - A prescrição nos termos do artigo 99, parágrafo único, do Decreto 5787iiii, de 10 de Maio de 1919, e do artigo 1390 n.2, do Código Civil vigente, só é aplicável às águas particulares. IV - As escrituras não provam que os vendedores tenham o direito que se arrogam sobre certa água, mas apenas que eles fizeram essa declaração - artigo 371 n.1...
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