Acórdão nº 9720316 de Court of Appeal of Porto (Portugal), 16 de Setembro de 1997
| Data | 16 Setembro 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART324 N1 ART1268 N1 ART1304.
Sumário: I - O facto de as pessoas circularem no Largo ou terreiro que a Autora Freguesia de Negreiros - Barcelos pretende fazer parte integrante do domínio público, e as que se dirigem à Igreja nele estacionarem os seus veículos, e de em dias de festa nele serem colocadas barracas de feiras e brinquedos, é insuficiente para caracterizar o elemento objecto da posse. Ao contrário, tendo a Ré Fábrica da Igreja Paroquial de Santa Eulália de Negreiros feito prova de que desde há pelo menos 20 anos organiza projecção de filmes no terreno citado, plantou algumas oliveiras e colheu os respectivos frutos, delimitou esse terreno com muros de vedação com a intervenção da Junta de Freguesia e subsídios da Câmara Municipal, construiu dois poços nesse terreiro cujas...
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