Acórdão nº 9651208 de Court of Appeal of Porto (Portugal), 09 de Junho de 1997
| Magistrado Responsável | FONSECA RAMOS |
| Data da Resolução | 09 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1390 N2 ART1559 ART1561. CPC67 ART28 ART783 ART784 N2 N3.
Jurisprudência Nacional: AC STJ DE 1985/05/16 IN BMJ N347 PAG409. AC RC DE 1986/07/21 IN CJ T4 ANOXI PAG8. AC RC DE 1989/07/11 IN CJ T4 ANOXIV PAG55. AC RP DE 1991/12/12 IN CJ T5 ANOXVI PAG201.
Sumário: I - Tendo sido demandados vários réus em processo sumário no sentido de serem condenados a reconhecer que os autores são os únicos donos da água que nasce no prédio dos primeiros réus e é recolhida através de uma mina e se represa numa poça, ambas situadas naquele prédio, questionando os autores a propriedade dessas águas e imputando factos ilícitos violadores do direito de propriedade que se arrogam tanto aos primeiros réus como aos segundos réus a quem aqueles venderam a água já explorada bem como o direito à exploração de qualquer outra que possa existir no prédio, a...
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