Acórdão nº 9110137 de Court of Appeal of Porto (Portugal), 04 de Julho de 1991
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 04 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1311 ART1316 ART1419 ART1421 N1 A N2 A. CPC67 ART193 N2 A B. DL 40333 DE 1955/10/14.
Jurisprudência Nacional: AC RP DE 1983/10/27 IN CJ ANO1983 T4 PAG270.
Sumário: I - Se o titulo constitutivo de propriedade horizontal for omisso quanto a indicação das partes comuns, entre estas tem de ser incluidos os patios ou jardins. II - E e assim quer para quem entenda que o solo - que a lei considera comum - abrange, em principio, não apenas o terreno sobre o qual se ergue o edificio constituido em propriedade horizontal, mas tambem o terreno anexo ( quintal ) que lhe serve de logradouro, quer para quem veja obice em considerar o quintal como solo do edificio por então se...
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