Acórdão nº 9640772 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1997
| Data | 22 Janeiro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART16 N2 ART31 N1 N2 B. CCIV66 ART336 ART1277.
Jurisprudência Nacional: AC RP DE 1968/06/28 IN JR ANO14 PAG683. AC RC DE 1964/06/12 IN JR ANO10 PAG532. AC RC DE 1969/03/07 IN JR ANO15 PAG479.
Sumário: I - Demonstrado que os arguidos tinham a posse da servidão de passagem de um caminho que era o único que dava acesso a uns prédios que eles agricultavam, e que o assistente, ao vedar e tornar intransitável tal caminho, os esbulhou daquele direito, há que concluir que os arguidos, ao reporem esse caminho e a entrada no estado em que se encontravam anteriormente, procederam licitamente, pois mostram-se preenchidos os requisitos da acção directa ( conforme artigo 336 do Código Civil ). II - E tendo os arguidos agido no convencimento de que tinham o direito de passagem e lhes era...
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