Acórdão nº 9731072 de Court of Appeal of Porto (Portugal), 11 de Dezembro de 1997
| Magistrado Responsável | PIRES CONDESSO |
| Data da Resolução | 11 de Dezembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART1340 N1 N2 ART1341 ART1682-A ART1687.
Sumário: I - Na acessão industrial imobiliária, para que se verifique o consentimento do dono do prédio rústico, nos termos do artigo 1340 ns. 1 e 4 do Código Civil, nos casos em que este seja bem comum do casal, é necessário que tal consentimento seja de ambos os cônjuges, não sendo aplicável à situação o disposto nos artigos 1682-A e 1687 do mesmo Código. II - A improcedência da acessão dá origem a dois direitos de propriedade que coexistem: o do solo e o da obra incorporada. III - O direito à demolição da obra, mesmo em caso de má-fé, não...
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