Acórdão nº 9110636 de Court of Appeal of Porto (Portugal), 02 de Março de 1992
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 02 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. ANULADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1380 ART1410 N1. CPC67 ART26 ART1465 B ART640 N3 ART712 N3.
Jurisprudência Nacional: AC RP DE 1974/06/14 IN BMJ N238 PAG283. AC RC DE 1986/02/18 IN BMJ N354 PAG620. AC STJ DE 1986/05/20 IN BMJ N357 PAG418. AC STJ DE 1977/03/15 IN BMJ N265 PAG180. AC STJ DE 1978/11/30 IN BMJ N281 PAG265. AC RP DE 1977/06/17 IN CJ ANOII T5 PAG1149.
Sumário: I - Na acção para exercício de direito de preferência pelo " prorietário confinante ", é parte legítima, como autor, o titular da sua propriedade, sem necessidade de intervenção do usufrutuário. II - É irrelevante a existência de outros proprietários confinantes, não tendo o autor de provocar o afastamento...
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