Acórdão nº 9620911 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1997
| Magistrado Responsável | SOARES DE ALMEIDA |
| Data da Resolução | 16 de Dezembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART217 N1 N2 ART1365 N2 ART1566 N1 ART1568 N1 N3 ART1569 N1 D. CNOT95 ART80 N1.
Jurisprudência Nacional: AC RP DE 1978/02/09 IN CJ T3 ANOIII PAG811. AC RC DE 1981/05/19 IN CJ T3 ANOVI PAG206.
Sumário: I - Do facto de o titular de uma servidão de estilicídio destruir o beiral através do qual se exerce a servidão não pode deduzir-se a intenção de renunciar a esta se aquela destruição é consequência da reconstrução da casa em que se insere o beiral e há o propósito de repôr o mesmo, ainda que em plano superior ao antigo por a parede onde se situa ter sido elevada. II - Se o novo beiral é construido por forma...
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