Acórdão nº 0033916 de Court of Appeal of Lisbon (Portugal), 04 de Junho de 1992
| Magistrado Responsável | TORRES VEIGA |
| Data da Resolução | 04 de Junho de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: MANUEL ANDRADE IN TEORIA GERAL DA RELAÇÃO JURÍDICA VII PAG18. GALVÃO TELLES IN MANUAL DOS CONTRATOS EM GERAL 3ED PAG431.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART286 ART294 ART874 ART892 ART1420 N1 ART1421 N2 C.
Jurisprudência Nacional: ASS STJ DE 1989/05/10 IN BMJ N387 PAG79. AC STJ DE 1984/12/13 IN BMJ N342 PAG36. AC STJ DE 1986/01/31 IN BMJ N353 PAG388.
Sumário: I - Por força do Assento de 10 de Maio de 1989, nos termos do artigo 294 do Código Civil, o título constitutivo da propriedade horizontal é parcialmente nulo ao atribuir à parte comum destino ou utilização diferente dos constantes do respectivo projecto aprovado pela Câmara Municipal. II - Nesta conformidade, tendo sido aprovado pela Câmara Municipal respectiva, o projecto no qual a "casa para porteira" se situava na cave lado esquerdo, que com o título de constituição de propriedade horizontal passou a designar-se por "fracção B" é parcialmente nulo este título constitutivo na parte em que denomina a cave esquerda - com sala...
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