Acórdão nº 085941 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1995
| Magistrado Responsável | ROGER LOPES |
| Data da Resolução | 23 de Março de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA CCIV ANOTADO VOLIII 1984 PÁG645. P LIMA LIÇÕES DE DIR REAIS ANO1945/66 PÁG279. M CORDEIRO IN DIR REAIS 1979 PÁG721.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 D. CCIV66 ART1543 ART1550 ART1553 ART1554 ART1555 ART1557 ART1558 ART1559 ART1560 ART1561 ART1562 ART1563.
Jurisprudência Nacional: AC STJ PROC84430 DE 1994/02/01.
Sumário : I - Não é o proprietário onerado com qualquer servidão de passagem que goza do direito de preferência, mas apenas o adstrito à servidão legal de passagem, qualquer que tenha sido o modo de constituição, em concreto, da dita servidão (artigo 1555 do Código Civil). II - Os artigos 1553 e 1554 do mesmo código regulamentam a criação de uma servidão de passagem por...
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