Acórdão nº 9531087 de Court of Appeal of Porto (Portugal), 20 de Junho de 1996
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 20 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1418 ART1420 N1 ART1422 N1 A D ART1419 N1 ART1424. CRP84 ART2 N1 B ART95 N1 P ART5 N1.
Jurisprudência Nacional: AS STJ DE 1982/07/20 IN BMJ N319 PAG301. AC RC DE 1993/04/14 IN CJ T2 ANOXVIII PAG45.
Sumário: I - Integram o conceito de obras novas referido no artigo 1422 n.2 alínea a) do Código Civil a construção de muretes no terraço de um prédio constituído em propriedade horizontal, bem como de uma escada de acesso ao mesmo e a ampliação da garagem de uma fracção, porquanto tudo isso importa numa modificação não só estética como também volumétrica em relação ao indicado no título constitutivo da propriedade horizontal. II - A cláusula que no contrato de compra e venda da fracção cimeira de um prédio constituído em propriedade horizontal confere ao adquirente o direito de tornar habitável e acessível por uma escada o sótão do prédio sob o telhado traduz-se na atribuição de um direito de superfície que, importando a alteração do título constitutivo da...
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