Acórdão nº 9620328 de Court of Appeal of Porto (Portugal), 25 de Junho de 1996
| Magistrado Responsável | MARIO CRUZ |
| Data da Resolução | 25 de Junho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1549 ART1569 N2 N3 ART1564 ART1565.
Jurisprudência Nacional: AC RP DE 1983/02/18 IN CJ T1 ANOVIII PAG246.
Sumário: I - O artigo 7 do Código de Registo Predial consagra apenas uma presunção " juris tantum " no sentido de que o direito registado pertence ao titular inscrito e que a presunção nele estabelecida não abrange os elementos de identificação do prédio, designadamente a sua natureza, os limites constantes da descrição predial, as confrontações ao prédio registado ou as áreas respectivas. II - Na servidão por destinação do pai de família nem sequer se coloca o problema da sua necessidade para a sua constituição, nem a desnecessidade para a sua...
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