Acórdão nº 9520830 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1996
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 16 de Janeiro de 1996 |
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 ART1419 N1 ART1420 N1 ART1421 N2 C N3 ART1425 N2 ART1429-A ART562.
Jurisprudência Nacional: AC RP DE 1990/01/25 IN CJ T1 ANOXV PAG229. AC STJ DE 1989/10/12 IN ACTUALIDADE JURÍDICA T2 ANOI PAG11. AC STJ DE 1994/03/17 IN NOVOS ESTILOS N3 ANOI PAG61.
Sumário: I - Presumindo-se comuns as garagens e outros lugares de estacionamento, o título constitutivo da propriedade horizontal ( ou posteriormente o regulamento do condomínio ou o acordo dos condóminos ) pode afectar ao uso exclusivo de um dos condóminos certas zonas das partes comuns. II - Tendo-se estabelecido que a garagem, embora em zona comum, tem demarcados lugares de utilização privativa, e o direito a essa utilização faz parte integrante da propriedade privada de cada condómino, sendo inseparável da respectiva fracção autónoma, este direito de utilização privativa constitui uma simples relação possessória, complemento de propriedade da respectiva fracção. III - Relativamente às partes comuns do edifício ( afectadas ou não ao uso exclusivo de algum...
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