Acórdão nº 081344 de Supremo Tribunal de Justiça (Portugal), 07 de Abril de 1992
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 07 de Abril de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS. DIR REGIS NOT.
Legislação Nacional: CCIV66 ART1406 ART1524 ART1528. CPC67 ART722 N2. CNOT67 ART89 A.
Sumário : I - Quando os comproprietarios de um predio rustico constroem nele um pavilhão para a industria de cortiça, fazem-no no seu exercicio do direito de uso e fruição do predio, poderes estes contidos no direito de compropriedade, segundo a quota parte de cada um nessa compropriedade, transformando, desse modo, o predio. II - Vendendo um dos comproprietarios toda a sua quota parte no predio rustico a um dos outros consortes e apenas parte da sua quota parte no pavilhão, constitui-se, assim, um direito de superficie, nos termos do artigo 1528 do Codigo Civil, porque desse modo, a sua restante compropriedade no pavilhão assenta sobre terreno alheio. III - Dizendo-se no acordão recorrido que a ofendida vendeu todos os seus bens imoveis e apenas estando certificadas por escritura publica a venda de um imovel, não...
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