Acórdão nº 0013416 de Court of Appeal of Lisbon (Portugal), 15 de Maio de 1997
| Magistrado Responsável | SALAZAR CASANOVA |
| Data da Resolução | 15 de Maio de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1547 ART1550 ART1153 ART1565 ART1584. CPC67 ART661.
Sumário: I - Os requisitos e condições de constiuição de servidão legal de passagem por usucapião não coincidem com os que permitem a constituição de servidão por sentença judicial: no caso da primeira, não há lugar a pagamento de indemização, mas impõe-se a demonstração de sinais visíveis e permanentes; no caso da segunda, impõe-se a fixação do lugar e modo de passagem nos termos fixados no artigo 1553 do CC. II - Assim sendo, não pode o Tribunal, formulado pedido de constituição de servidão com base em usucapião...
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