Acórdão nº 9520753 de Court of Appeal of Porto (Portugal), 19 de Dezembro de 1995
| Magistrado Responsável | CANDIDO DE LEMOS |
| Data da Resolução | 19 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1410 ART1555 ART1547 N1.
Jurisprudência Nacional: AC RP DE 1987/07/07 IN CJ T4 ANOXII PAG201. AC STJ DE 1994/02/01 IN CJSTJ T1 ANOII PAG75.
Sumário: I - Uma servidão de passagem adquirida por usucapião não é, em princípio, meio idóneo para se atribuir ao proprietário do prédio serviente o direito de preferência na venda do prédio dominante. II - Ter-se-à ainda de provar que ela podia ter sido constituída por decisão judicial constitutiva com as mesmas características. III - Só as servidões legais de passagem...
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