Acórdão nº 9110777 de Court of Appeal of Porto (Portugal), 30 de Abril de 1992
| Magistrado Responsável | FERNANDES MAGALHÃES |
| Data da Resolução | 30 de Abril de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1360 N1 N2 ART1363 ART1364.
Sumário: I - Tendo os R.R. construido no res-do-chão da sua habitação duas janelas sobre o predio dos A.A. e com desrespeito pelas distancias impostas pelo artigo 1360, n. 1, do Codigo Civil, sem que se tenha provado que as duas aberturas ai existentes anteriormente tinham dimensões que lhes conferissem a natureza de janelas, e de concluir que não ha materia factica suficiente para se inferir que os R.R. adquirissem servidão de vistas relativamente a tais janelas por usucapião; II - Dai que se mostra correcta a decisão ao determinar a sua tapagem ou transformação em frestas ou janelas gradadas nos termos dos artigos 1363 e 1364, do Codigo Civil; III - Tendo construido os R.R. uma varanda sobre o predio dos A.A. sem que haja qualquer intersticio de terreno entre ela e o predio destes, para o qual deita directamente, e e servida por...
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