Acórdão nº 9651490 de Court of Appeal of Porto (Portugal), 22 de Setembro de 1997
| Magistrado Responsável | COUTO PEREIRA |
| Data da Resolução | 22 de Setembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART1386 N1 D ART1546 ART1547 N1 ART1561 N1.
Jurisprudência Nacional: AC RP DE 1978/04/11 IN CJ T2 ANOIII PAG668.
Sumário: I - Um dos pressupostos da servidão legal de aqueduto é a titularidade do direito à água. Deste modo para que a servidão de aqueduto se possa constituir imperativo é que exista o direito à água conduzida ou a conduzir pelo aqueduto. Alegando os autores a existência sobre o prédio dos réus de uma servidão legal de aqueduto mas não tendo alegado nem provado o direito à água que, no caso de águas públicas teria de ser adquirido por preocupação, a acção tem de improceder. II - A preocupação que constituia título legítimo de aquisição de águas públicas no domínio da legislação anterior ao Código Civil de...
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