Acórdão nº 0053032 de Court of Appeal of Lisbon (Portugal), 26 de Março de 1992
| Magistrado Responsável | FREITAS DE CARVALHO |
| Data da Resolução | 26 de Março de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS.
Legislação Nacional: CCIV66 ART10 ART11 ART334 ART562 ART1094 ART1414 ART1415 ART1417 ART1418 ART1419 ART1420 ART1422 ART1425 N1.
Jurisprudência Nacional: AC STJ DE 1973/01/29 IN RLJ ANO108 PAG54. AC STJ DE 1974/02/22 IN BMJ N234 PAG241. AC STJ DE 1986/06/11 IN BMJ N358 PAG529. AC RC DE 1981/03/24 IN CJ ANOVI T2 PAG26.
Sumário: I - Estabelecido no título constitutivo da propriedade horizontal o fim a que se destinam as diversas fracções do prédio, está vedado aos condóminos atribuir-lhes um fim diverso, o que só poderá alcançar-se através da modificação daquele título constitutivo, por escritura pública, com o acordo de todos os condóminos. II - Demandado um condómino por outro, no sentido de fazer cessar uma actividade que não constitui fim da fracção autónoma respectiva, não pode este opor a caducidade...
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