Acórdão nº 9310885 de Court of Appeal of Porto (Portugal), 28 de Maio de 1996
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 28 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1033 N1. CCIV66 ART1278 ART343 N1 ART1268 N1 ART350 ART1252 N2 ART1565 N1.
Sumário: I - Em acção possessória de restituição ou manutenção da posse de uma passagem através de prédio alheio, a defesa do dono deste baseada na inexistência da servidão de passagem converte a acção em negativa da servidão; em tal caso, se o Autor provar a posse da servidão, terá o Réu que ilidir a presunção legal da existência da servidão para que a mera posse não prevaleça; se o Autor não chegar a fazer a prova daquela posse e se subsistirem dúvidas sobre a constituição da servidão, prevalecerá a presunção da propriedade devoluta. II - A posse material de uma fracção de terreno deve presumir-se acompanhada do " animus domini ". III - A existência de uma servidão de aqueduto de esgotos de saneamento e de águas...
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