Acórdão nº 0011762 de Court of Appeal of Lisbon (Portugal), 08 de Maio de 1997
Magistrado Responsável | PESSOA DOS SANTOS |
Data da Resolução | 08 de Maio de 1997 |
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 ART280 ART286 ART294 ART295 ART1325 ART1340 N1 N2 N3 N4. RGEU51 ART165. DL 166/70 DE 1970/04/15 ART1 A. DL 289/73 DE 1973/06/06 ART1 ART27 N1 N2. DL 400/84 DE 1984/12/31 ART1 A ART60. DL 448/91 DE 1991/12/29 ART1 N1 ART3 A ART53 ART56 N3. L 91/95 DE 1995/09/02 ART1 N2 ART4 N1 A B ART54 N1.
Sumário: I - O momento da aquisição do direito de propriedade com fundamento nas hipóteses do artigo 1340 do Código Civil (acessão industrial imobiliária) é o da verificação dos actos materiais de incorporação, nos termos da alínea d) do artigo 1317 do mesmo Código; II - Tal aquisição, nas hipóteses dos números 1 e 2 do artigo 1340 do CC, não é uma consequência forçada (automática) da referida incorporação, mas depende do exercício do correspondente direito potestativo, sendo, pois, nesse sentido, uma aquisição voluntária. III - Fraude à Lei representa um procedimento pelo qual um particular realiza, por forma...
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