Acórdão nº 9330418 de Court of Appeal of Porto (Portugal), 05 de Dezembro de 1995
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 05 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1390 N2 ART1561.
Jurisprudência Nacional: AC STJ DE 1985/05/16 IN BMJ N347 PAG414.
Sumário: I - O direito à água que nasce em prédio alheio pode ser um direito de propriedade ou um direito de servidão, conforme se traduzir no uso pleno da água ou no seu aproveitamento limitado às necessidades de outro prédio. II - A aquisição do direito à água de fonte ou nascente existente em prédio alheio, por usucapião, pressupõe a realização de obras, nesse prédio, as quais devem ser objecto de acção do homem, e que essas obras sejam visíveis, no sentido de serem perceptíveis aos olhos de todos ou com uma...
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