Acórdão nº 073072 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1986
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 11 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS / DIR RESP CIV.
Legislação Nacional: CCIV66 ART1417 N1.
Sumário : I - O titulo constitutivo da propriedade horizontal so pode ser modificado por escritura publica, havendo acordo de todos os interessados ( artigo 1419, n. 1, do Codigo Civil ), não podendo o referido titulo ser alterado por decisão judicial. II - Constituindo o titulo constitutivo um acto modelador do estatuto da propriedade horizontal, com eficacia real, prevalece sobre quaisquer factos que tenham ocorrido antes de ter sido constituida a propriedade horizontal, designadamente o acordo que, porventura, tivesse existido entre o vendedor e os...
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