Acórdão nº 0408040 de Court of Appeal of Porto (Portugal), 13 de Junho de 1991
Magistrado Responsável | VICTOR BRITES |
Data da Resolução | 13 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: REVOGADA A DECISãO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1390 ART1399 ART1412 ART1546. DL 5787 -IIII DE 1919/05/10 ART33 ART34 ART99. D 16767 DE 1929/04/20 ART3.
Jurisprudência Nacional: AC STJ DE 1982/03/18 IN BMJ N315 PAG263. AC RP DE 1971/06/18 IN BMJ N209 PAG194.
Sumário: I- Numa acção de arbitramento para divisão de aguas se se alega a usucapião relativamente a estas, não se cumpre o onus de alegação se fica por dizer se a nascente dessas aguas e publica ou particular - questão de indiscutivel interesse atenta a imprescritibilidade no primeiro caso e o regime de prescritibilidade que a lei estabelece para o segundo. II- Exigindo a lei, para haver usucapião, que tenham sido feitas obras no predio onde se situa a nascente, de modo a poder inferir-se o abandono do primitivo direito do dono desse predio ( revelado pela...
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