Acórdão nº 9240643 de Court of Appeal of Porto (Portugal), 09 de Janeiro de 1996
| Data | 09 Janeiro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1545 ART1548 ART1543.
Sumário: I - Sendo a servidão real de passagem inseparável do prédio a que, activa ou passivamente, pertencer, quem a invocar deve provar a titularidade do prédio dominante; para tal não basta a presunção resultante do registo se a data deste for posterior aos actos de privação da posse que invoca e da proposição da respectiva acção possessória de restituição, embora se aleguem e provem actos de constituição da servidão...
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