Acórdão nº 9430629 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1997
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 16 de Dezembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR REAIS.
Legislação Nacional: CCIV66 ART216 ART428 ART473 ART799 ART1273 ART1275.
Jurisprudência Nacional: AC STJ DE 1984/04/03 IN BMJ N336 PAG420.
Sumário: I - É indispensável alegar, como fundamento de indemnização por benfeitorias necessárias e benfeitorias úteis, quais as obras correspondentes a cada uma das espécies, e ainda, quanto às necessárias, que elas se destinaram a evitar a perda, destruição ou deterioração da coisa, e, quanto às úteis, que a valorizaram, que o levantamento a deterioraria e quais o respectivo custo e o actual valor. II - As benfeitorias voluptuárias podem ser levantadas se não...
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