Acórdão nº 9631562 de Court of Appeal of Porto (Portugal), 12 de Junho de 1997
Magistrado Responsável | CAMILO CAMILO |
Data da Resolução | 12 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 ART1305 ART1360 N1. CPC67 ART66 ART264 N3 ART517 ART652 N2 N3 N6 ART657. LOTJ87 ART14 ART45 ART46 ART56 N1. ETAF84 ART1 ART3. CRP84 ART213 N1 ART214 N3.
Jurisprudência Nacional: AC STJ DE 1995/12/07 IN CJSTJ T3 ANOIII PAG147. AC STJ DE 1976/01/16 IN BMJ N253 PAG179. AC RL DE 1991/01/17 IN CJ T1 ANOXVI PAG127.
Sumário: I - As disposições do Regulamento Geral das Edificações Urbanas ( R.G.E.U.) estabelecem restrições e limitações ao direito de propriedade com base no interesse público, sendo que o Código Civil se refere às limitações ao direito de propriedade com base em interesses particulares - os dos proprietários dos prédios vizinhos. II - Um tribunal cível não tem competência para declarar nulo um acto administrativo e daí...
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