Acórdão nº 0011071 de Court of Appeal of Lisbon (Portugal), 16 de Abril de 1996
Magistrado Responsável | ANDRE DOS SANTOS |
Data da Resolução | 16 de Abril de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: MOTA PINTO IN DIREITOS REAIS 1970-1971 PAG286 NOTA58. H MESQUITA IN REDES ANOXXIII PAG79.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1421 N1 B N2 E ART1422 ART1425.
Jurisprudência Nacional: AC STJ DE 1991/05/09 IN BMJ N407 PAG545. AC RP DE 1991/04/16 IN CJ ANOXXVII T2 PAG268. AC RL DE 1989/10/12 IN CJ ANOXIV T4 PAG149. AC RL DE 1989/04/27 IN CJ ANOXIV T2 PAG151. AC RL DE 1991/07/02 IN CJ ANOXVI T4 PAG231.
Sumário: I - O terraço na propriedade horizontal, face ao disposto no artigo 1421 n. 1 alínea b) do Código Civil, ainda que destinado ao uso exclusivo de um condomíno é em princípio propriedade dos condóminos. II - Embora apenas um dos condóminos tenha acesso directo e originário a esse...
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