Acórdão nº 072423 de Supremo Tribunal de Justiça (Portugal), 26 de Março de 1985
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 26 de Março de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR CONST - ADM PUBL.
Legislação Nacional: CCIV66 ART342 ART350 ART1305 ART1383. CCIV867 ART380 N1 ART2286. DL 23565 DE 1934/02/12 ART1 G. L DE 1773/07/09 PAR12. D DE 1778/07/17.
Jurisprudência Nacional: AC STJ DE 1964/04/07 IN BMJ N136 PAG350. AC STJ DE 1964/07/28 IN BMJ N319 PAG191. AC STJ DE 1973/06/29 IN BMJ N228 PAG209. AC STJ DE 1975/12/05 IN BMJ N252 PAG156. AC STJ DE 1977/03/24 IN BMJ N265 PAG237. AC STJ DE 1980/07/23 IN BMJ N299 PAG337. AC STJ DE 1962/12/21 IN BMJ N122 PAG573. AC RP DE 1892/07/08 IN RT ANO11 PAG37.
Sumário : I - Como o Codigo Civil de 1966 não se refere a coisas publicas, ha quem entenda que o artigo 380 do Codigo Civil de 1867 continua ainda hoje em vigor. II - Para uma coisa ser considerada publica basta o uso directo e imediato pelo publico , não se tornando, pois, necessario que ela tenha sido apropriada ou produzida por uma pessoa colectiva de direito publico e que esta haja praticado acto de administração,jurisdição ou conservação. III - O que da a coisa a qualidade de publica e a sua afectação a um fim...
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