Acórdão nº 072528 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1985
Magistrado Responsável | PEREIRA DE MIRANDA |
Data da Resolução | 25 de Junho de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR REAIS.
LegislaÁ„o Nacional: CCIV66 ART204 N2 ART342 N2 ART343 N2 ART1376 N1 ART1377 ART1378 B C ART1379 ART1380 N1 ART1381 A. L 2116 DE 1962/08/14 BI. PORT 202/70 DE 1970/04/21 ART1.
JurisprudÍncia Nacional: AC STJ DE 1982/06/22 IN BMJ N318 PAG415. AC RC DE 1981/12/09 IN CJ ANOVI T5 PAG82. AC RC DE 1982/11/16 IN CJ ANOVII T5 PAG26. AC RC DE 1979/01/10 IN CJ ANOIV T1 PAG13. AC STJ DE 1979/10/11 IN BMJ N290 PAG395. AC RC DE 1981/11/17 IN CJ ANOVI T5 PAG69. AC RC DE 1982/01/14 IN CJ ANOVII T1 PAG347.
Sum·rio : I - A classificaÁ„o de terrenos utilizados em diversas culturas, para efeito de determinaÁ„o da unidade de cultura que lhe deva corresponder, faz-se em funÁ„o do predominio de alguma daquelas que neles normalmente se praticam. II - Decorre do disposto nos artigos 1376 a 1381 do Codigo Civil que a unidade de cultura exerce uma dupla funÁ„o: a de limite ao fraccionamento, proibido abaixo da area fixada para aquela; e a de meta para que tendem certos emparcelamentos, atraves do direito de preferencia e de troca. III - Dentro da perspectiva da Portaria n. 202/70, de 21 de Abril, que regulamentou a Base I da Lei n. 2116, de 14 de Agosto de 1962, para se considerar formada uma unidade de cultura de certa especie, em cada caso concreto, contam os terrenos dessa especie e os de...
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