Acórdão nº 073458 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1986
Data | 25 Junho 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA VARELA CCIV ANOTADO 1ED VIII PAG328.
Área Temática: DIR CIV - DIR REAIS / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART212 N1 N2 ART985 N1 N2 N5 ART1405 ART1407 N1 N3 ART1408.
Sumário : I - Nos termos do artigo 212, n. 1 e n. 2 do Código Civil, a cortiça é um fruto natural. II - Os comproprietários exercem em concurso todos os direitos que pertencem ao proprietário singular - artigo 1405 do Código Civil. III - De acordo com o artigo 1407, n. 1 do mesmo Código, é aplicável aos comproprietários o disposto no artigo 985, segundo o qual, na falta de convenção em contrário, todos os sócios tem igual poder para administrar. IV - E nos termos do n. 3 daquele artigo, os actos realizados pelo comproprietário contra a oposição da maioria legal dos consortes são anuláveis. V - A administração pode pertencer a todos...
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