Acórdão nº 9450255 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1994
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 10 de Outubro de 1994 |
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 - PROC ESP.
Legislação Nacional: CCIV66 ART1276 ART1377 ART1378 ART1413 ART204. DL 46673 DE 1965/11/29. DL 289/73 DE 1973/06/06. DL 400/84 DE 1984/12/31. DL 448/91 DE 1991/11/29. CPC67 ART1060 N1.
Sumário: I - Se o acto de divisão de prédio rústico invocado pelos RR. está sujeito a acto administrativo de loteamento, insubstituível, sob pena de anulação, e não existe esse loteamento, a consequência a extrair é a de que o prédio não é legalmente divisível em substância. II - Os actos de fraccionamento contrários aos artigos 1376 e 1378 do Código Civil podem ser anulados mediante acção própria. III - A proibição de fraccionamento de terrenos aptos para cultura não abrange as hipóteses previstas no artigo 1377 do Código Civil, mas o fraccionamento para construção ( loteamento ) está sujeito a legislação...
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