Acórdão nº 065356 de Supremo Tribunal de Justiça (Portugal), 16 de Julho de 1974
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 16 de Julho de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART412. CCIV66 ART1305 ART1406.
Jurisprudência Nacional: AC STJ DE 1968/05/07 IN BMJ N177 PAG195.
Sumário : I - A aquisição derivada da propriedade horizontal não confere a esse direito um caracter absoluto, antes opera com as restrições inerentes. II - Constando do titulo de aquisição da propriedade horizontal que cada uma de duas das parcelas do edificio constitui uma ocupação para atelier e alterado, por escritura publica, no sentido de que a uma delas fica pertencendo um compartimento situado sob a rampa da segunda para a primeira cave do mesmo edificio, com destino a instalação de um grupo electogeneo de emergencia e de que o terraço que cobre o 15 andar - onde estão instalados as duas referidas fracções - fica destinado ao uso exclusivo desta, nele podendo ser montada aparelhagem de interesse para as telecomunicações, e ainda de ser permitida a ligação por cabos electricos, atraves da caixa do elevador, entre o 15 andar e o referido compartimento, onde poderiam ainda ser introduzidas inovações para a montagem do grupo electrogeneo de emergencia, estando tais clausulas registadas na respectiva Conservatoria e havendo delas...
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