Acórdão nº 0082092 de Court of Appeal of Lisbon (Portugal), 17 de Fevereiro de 1994
| Magistrado Responsável | LOPES PINTO |
| Data da Resolução | 17 de Fevereiro de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART342 ART1549.
Jurisprudência Nacional: AC STJ DE 1981/01/15 IN BMJ N303 PAG226.
Sumário: I - Pedindo os autores o reconhecimento do direito a uma servidão de passagem incumbe-lhes alegar factos relativos não só à situação predial como ao caminho, definindo-o em concreto e ao tipo de utilidade que ele oferece, e ainda os relativos ao modo de constituição da servidão. II - Trata-se de factos fundamentais, e não instrumentais, pelo que têm de ser alegados pelo autor e no articulado próprio, que é a petição...
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