Acórdão nº 9240480 de Court of Appeal of Porto (Portugal), 16 de Fevereiro de 1993
Magistrado Responsável | LOBO MESQUITA |
Data da Resolução | 16 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1356 ART1406 N1 ART1415 ART1420 ART1421 N1 N2 D E ART1422 ART1430 N1 ART280 ART295 ART829-A. CPC67 ART661 N1.
Sumário: I - Se na escritura de constituição da propriedade horizontal consta que da fracção autónoma J faz parte a garagem nº 5 nas traseiras, deve considerar-se ilidida a presunção a que alude o artigo 1421, nº 2, alínea d), do Código Civil, de que tal garagem é comum. II - Não obsta a tal conclusão a circunstância de o espaço da garagem não se situar na continuidade dos demais componentes da fracção autónoma, nem no mesmo piso, porque a lei não proibe a solução de continuidade no espaço de cada fracção autónoma, exigindo apenas, como elemento diferenciador, a afectação, objectiva e exclusiva, ao uso do condómino titular. III - Também não obsta o facto de a garagem ser apenas um espaço reservado e marcado no pavimento, tanto mais que não foi alegado que tal espaço seja necessário para o trânsito e manobra dos restantes carros. IV - Na qualidade de proprietário exclusivo da fracção autónoma J, o condómino pode fechar com um muro de tijolo a área da respectiva garagem, com as limitações impostas...
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