Acórdão nº 072367 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1985
| Data | 07 Março 1985 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M CORDEIRO DIR REAIS VII PAG1023. P LIMA A VARELA ANOT VIII PAG577. M PINT DIR REAIS PAG328.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART12 ART1306 ART1547 N1 N2 ART1550 N1. CCIV867 ART2272. D 19126 DE 1930/12/16.
Sumário : I - São diferentes quanto à sua constituição as servidões dos artigos 1547 e 1550 do Código Civil. II - As primeiras chamadas prediais ou voluntárias (embora com fraco rigor terminológico, já que podem ter origem na usucapião) ou somente servidões derivando em regra da autonomia da vontade, do acordo das partes - contrato, testamento, destinação do pai de família para além da usucapião; as segundas, chamadas servidões legais, significam não só o direito potestativo de se constituir a servidão...
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