Acórdão nº 9521157 de Court of Appeal of Porto (Portugal), 02 de Julho de 1996
| Data | 02 Julho 1996 |
| Órgão | 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 ART1251 ART1253 A B ART1265.
Jurisprudência Nacional: AC STJ DE 1971/07/16 IN BMJ N209 PAG127.
Sumário: I - A servidão de passagem pode ser adquirida por usucapião, mas aos actos materiais integradores da posse deve acrescer o elemento subjectivo do animus correspondente, traduzido na intenção do exercício do direito o que, partindo-se de uma posse precária resultante de tolerância, passa necessariamente pela...
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