Acórdão nº 9530414 de Court of Appeal of Porto (Portugal), 30 de Novembro de 1995
Magistrado Responsável | CESARIO DE MATOS |
Data da Resolução | 30 de Novembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: CONFIRMADA A DECISÃO. DESERÇÃO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1340. DL 289/73 DE 1973/06/06 ART27. DL 194/83 DE 1983/05/17 ART8.
Sumário: I - Ocorre a acessão industrial imobiliária a favor daquele que, autorizado pelo dono de um prédio rústico, numa pequena parcela deste, cujo dono declarou por escrito particular doar-lha para o efeito, construiu um prédio urbano que com tal parcela passou a constituir um único corpo, visto que o valor do prédio construído é superior ao da parcela em que foi implantado, não relevando para o efeito o valor da totalidade do aludido prédio rústico nem o facto de a comunicação com a via pública do prédio urbano só poder efectivar-se através da parte restante do rústico cujo destino permaneceu inalterado. Ocorre em tal caso uma aquisição originária da parcela ocupada pelo prédio urbano pelo dono deste. II - À situação...
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