Acórdão nº 9650814 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1997
| Data | 27 Janeiro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1555 ART1550 ART1547 N2.
Sumário: I - O direito de preferência que o artigo 1555 do Código Civil atribui pressupõe apenas a existência de uma servidão legal de passagem, seja qual for o título da sua constituição. II - Servidões legais serão certas categorias de servidões que podem ser impostas coactivamente, devendo entender-se que é legal não só quando é constituída por sentença, mas também quando, tendo-o sido por qualquer outro título, a mesma poderia ser judicialmente imposta. III - Para se verificar se é ou não...
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