Acórdão nº 0087512 de Court of Appeal of Lisbon (Portugal), 28 de Abril de 1994
| Magistrado Responsável | CARVALHO PINHEIRO |
| Data da Resolução | 28 de Abril de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CONST76 ART218 N3. EMJ77 ART13 N1. CCIV66 ART294 ART985 N5. CPC67 ART399.
Sumário: I - Na comunhão de mão comum ou propriedade colectiva existe contitularidade de duas ou mais pessoas num único direito, o que também se verifica na compropriedade. II - O que caracteriza a propriedade colectiva e a distingue da compropriedade é, sobretudo, o facto de o direito de os contitulares não incidir directamente sobre cada um dos elementos (coisa ou crédito) que constituem o património mas sobre todo ele, concebido como um todo unitário. III - Os contitulares de uma propriedade colectiva podem usar os procedimentos cautelares para defender os interesses da comunhão e não, directamente, os deles. IV - O disposto nos...
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