Acórdão nº 96B003 de Supremo Tribunal de Justiça (Portugal), 27 de Junho de 1996
| Magistrado Responsável | JOAQUIM DE MATOS |
| Data da Resolução | 27 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART342 N1. CPC67 ART684 N3 ART690 N3 ART712 N2 ART722 N2 ART729 N2 N3. LOTJ87 ART29. DL 39/96 DE 1996/01/19 ART1 ART2 ART3 ART5 ART6 ART18. DL 40/96 DE 1996/01/19 ART1 ART3.
Jurisprudência Nacional: AC STJ DE 1991/01/08 IN AJ ANO15 T16 PAG20.
Sumário : I - Chamam-se baldios os terrenos usufruídos colectivamente por uma comunidade, de harmonia com os usos e costumes que sucessivas gerações vão transmitindo umas às outras e que a cada uma cabe transmitir, "sem perda de usufruto", às que se lhe seguirem. II - Na falta de assembleia de compartes, as juntas de freguesia têm legitimidade para todos os actos que impliquem a administração dos baldios, tais como arrendar ou anular actos ou negócios de modo a conseguir-se a sua recuperação - artigo 3 do Decreto-Lei 40/96, de 19 de Janeiro...
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