Acórdão nº 080033 de Supremo Tribunal Administrativo (Portugal), 30 de Abril de 1991 (caso None)
Magistrado Responsável | MARTINS DA FONSECA |
Data da Resolução | 30 de Abril de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART209 ART342 ART566 ART1376 N1 ART1412 ART1417 N2. CPC67 ART1059 - ART1062. DL 20985 DE 1932/03/07 ART24 ART30. PORT 202/70 DE 1970/04/21.
Legislação Estrangeira: CCIV ITALIA ART1111.
Sumário : I - Segundo o estabelecido no artigo 209 do Codigo Civil, são divisíveis as coisas que podem ser fraccionadas sem alteração do seu valor ou prejuízo para o uso a que se destinam. II - O direito de exigir a divisão de que trata o artigo 1412 do Código Civil e, no fundo, um direito de dissolução da compropriedade que normalmente se opera mediante a divisão em substância da coisa, mas que tambem pode realizar-se atraves da partilha do seu valor. III - Assim, a dissolução da compropriedade opera-se normalmente mediante a divisão em substância da coisa, e so quando ela não se torne possível e que devera realizar-se atraves da partilha do seu valor. IV - As respostas dos peritos não vinculando o julgador, não...
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