Acórdão nº 081543 de Supremo Tribunal de Justiça (Portugal), 03 de Dezembro de 1992
Data | 03 Dezembro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1305 ART1543 ART1547 ART1550 ART1568 ART1569 N2 N3.
Sumário : I - A servidão legal de passagem é uma servidão legal porque o poder de constituí-la deriva directamente da lei (artigo 1550, n. 1, do Código Civil). II - Ela é um encargo normal da propriedade porque se aplica a todos os proprietários cujos prédios a lei considera como servientes; é um encargo que se justifica pela necessidade de se garantir o normal aproveitamento do prédio dominante. III - Para que a servidão legal se transforme de encargo normal em encargo anormal da propriedade, é necessário que o titular do prédio dominante exercite ou subjective o seu direito (potestativo) de constituí-la e obtenha o título da servidão: será por esse título que se determinará o conteúdo...
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