Acórdão nº 065059 de Supremo Tribunal de Justiça (Portugal), 22 de Março de 1974
Magistrado Responsável | RODRIGUES BASTOS |
Data da Resolução | 22 de Março de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART1252 N2 ART1278 N1 ART1296 ART1390 N2 ART1391 ART1547 N1 ART1548 N1 ART1563 N1 C N2. D 5787-IIII DE 1919/05/10 ART117.
Sumário : I - Feitas, ha mais de 40 anos, pelo proprietario de um predio rustico, uma construção subterranea, utilizando pedras, com uma abertura do mesmo material, para escoamento das aguas desse predio com vista ao aproveitamento para cultura de todo o terreno deste, as quais por ai se encaminham para uma poça distante que recebe outras aguas, constituiu-se por usucapião uma servidão de escoamento a que se refere a alinea c) do n. 1 do artigo 1563 do Codigo Civil, anteriormente prevista no artigo 117 do Decreto n. 5787-IIII, de 10 de Maio de 1919. II - Os proprietarios dos predios onerados com a servidão que aproveitem as aguas escoadas são meros detentores ou possuidores precarios dessas aguas (artigos 1563, n. 2, e 1391 do Codigo Civil...
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