Acórdão nº 0008546 de Court of Appeal of Lisbon (Portugal), 27 de Junho de 1991
| Magistrado Responsável | ANTONIO DA CRUZ |
| Data da Resolução | 27 de Junho de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: P LIMA E A VARELA IN CÓDIGO CIVIL ANOTADO 2ED PAG425 PAG435. R PARDAL E DIAS FONSECA IN DA PROPRIEDADE HORIZONTAL 3ED PAG181.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1415 ART1418 ART1419 N1 ART1421 ART1422 N2 C ART1425.
Jurisprudência Nacional: AC STJ DE 1982/03/23 IN BMJ N315 PAG270. AC STJ DE 1986/05/06 IN BMJ N357 PAG428. ASS STJ DE 1989/05/10 IN DR DE 1989/07/15 PAG814.
Sumário: I - Determinado o fim, no título constitutivo de propriedade horizontal de certa fracção, outro destino não lhe pode ser dado, a menos que, e posteriormente, por acordo de todos os condóminos seja aquele modificado por escritura pública. II - A construção de paredes acima do lugar onde assenta o telhado, para transformar o sótão em habitação, constitui por parte dos réus atríbuir uso diverso do fim a que era destinado a sua fracção que...
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