Acórdão nº 9630674 de Court of Appeal of Porto (Portugal), 31 de Outubro de 1996
| Data | 31 Outubro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART477 N1 C ART781 N1.
Sumário: I - O autor pretende o reconhecimento de uma servidão legal de passagem adquirida por usucapião, a favor do seu prédio e onerando o dos réus; na sua alegação não omite a causa de pedir nem ela é obscura, omite, antes, factos que fazem naufragar a acção, porque não caracteriza, como devia, o percurso e as características da servidão. II - Assim, nunca o Excelentíssimo Juiz a quo podia indeferir liminarmente a petição inicial face ao que dispõe o artigo 781 n.1 do Código de Processo Civil nem convidar o autor...
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