Acórdão nº 9730646 de Court of Appeal of Porto (Portugal), 19 de Junho de 1997
| Magistrado Responsável | COELHO DA ROCHA |
| Data da Resolução | 19 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1547 ART1549. CPC67 ART660 N1 D ART664 ART715.
Sumário: I - O exercício da servidão de passagem constituída por destinação do pai de família determina-se pela situação material existente no momento da separação do domínio, que irá esclarecer quais os laços de subordinação do prédio serviente ao dominante. II - Se o exercício era restrito a passagem a pé e carro de bois, não poderá a servidão exercitar-se por meio de tractor agrícola. III - Por exceder os factos da petição inicial que...
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