Acórdão nº 9650075 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1997
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 27 de Janeiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1565 N1 ART1568 N1 ART1569 N2. CPC67 ART684 ART690.
Sumário: I - Ao tribunal de recurso é vedado conhecer de matéria nova. II - As servidões constituídas por usucapião só podem ser declaradas extintas, se desnecessárias ao prédio dominante, mediante acção de arbitramento proposta pelo proprietário do prédio serviente onde alegue e prove aquela desnecessidade. III - Constituída a servidão de aqueduto com condução da água para o prédio dominante através de um rego a céu aberto, a posterior obra de substituição do rego por tubos para condução...
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