Acórdão nº 9420866 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1995
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 14 de Fevereiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART298 N1 ART1376 N1. CPC67 ART478 N1.
Jurisprudência Nacional: AC RC DE 1972/10/04 IN BMJ N229 PAG280.
Sumário: I - O direito de propriedade sobre uma parcela de um prédio rústico que, destacada daquele, seja inferior á unidade de cultura não é um direito indisponível para efeitos do disposto no artigo 298 n.1 do Código Civil. E como tal esse direito está sujeito a usucapião. II - Nos termos das normas que visam impedir o fraccionamento excessivo de prédios rústicos referidos nos artigos 1376 e seguintes do Código Civil não são possíveis operações jurídicas de que resultem prédios, ou melhor, parcelas de área inferior á unidade de cultura. E essas operações jurídicas são essencialmente transmissões, formas de aquisição derivada da propriedade. III - A usucapião não é uma forma de divisão, mas uma forma de aquisição originária da propriedade. IV - O tribunal não...
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