Acórdão nº 9950414 de Court of Appeal of Porto (Portugal), 17 de Maio de 1999 (caso NULL)
| Magistrado Responsável | GONÇALVES FERREIRA |
| Data da Resolução | 17 de Maio de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART1053 N3. CCIV66 ART1415.
Jurisprudência Nacional: AC STJ DE 1994/03/23 IN CJSTJ T1 ANOII PAG173. AC RE DE 1995/06/08 IN CJ T3 ANOXX PAG291. AC RC DE 1993/02/22 IN CJ T2 ANOXVIII PAG179. AC RC DE 1987/06/16 IN CJ T3 ANOXII PAG42.
Sumário: I - Ao direito de requerer divisão da coisa comum não é absolutamente essencial a cessação, no seu todo, da relação de compropriedade, bastando que ela se modifique. II - A constituição de propriedade horizontal, mediante decisão judicial proferida em acção de divisão de coisa comum, é um dos modos possíveis de dissolução da compropriedade, relativamente a prédio urbano, e pode ter lugar a requerimento de qualquer consorte desde que se verifiquem...
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