Acórdão nº 069910 de Supremo Tribunal de Justiça (Portugal), 25 de Maio de 1982
| Magistrado Responsável | M SANTOS CARVALHO |
| Data da Resolução | 25 de Maio de 1982 |
| 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 ART1394 N1 N2.
Sumário : I - Dada a inexistencia de sinais reveladores do abandono pelos danos de um predio rustico do seu direito de exploração de agua nesse predio, não ha perda desse direito e, consequentemente, não ha aquisição originaria, por usucapião, das aguas do mesmo predio. II - A falta do requisito geral da visibilidade, aparencia e publicidade de obras de captação e posse de aguas impossibilita a aquisição por usucapião destas, sejam provenientes de fontes e nascentes, sejam subterraneas. III - A abertura de um poço onde terceiros tem direito a aguas...
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