Acórdão nº 9721413 de Supremo Tribunal Administrativo (Portugal), 12 de Outubro de 1999 (caso None)
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 12 de Outubro de 1999 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1418 ART1419 ART1421 N2 A B C D ART1425 ART1426.
Sumário: I - É no título constitutivo da propriedade horizontal que se especificam as partes do edifício correspondentes às várias fracções por forma a que estas fiquem perfeitamente individualizadas. II - No n.2 do artigo 1421 do Código Civil enumeram-se as partes que só presuntivamente são comuns, isto é, que no caso de não se afectarem na escritura de constituição da propriedade horizontal à propriedade exclusiva de uma das fracções não comuns a todas elas. III - O simples uso de uma parte do prédio por um ou algum dos condóminos não basta para afastar a presunção estabelecida no n.2 do artigo 1421 do Código Civil. IV - A regra constante do artigo 1425 do Código Civil respeita apenas às inovações nas partes comuns. V - Quanto às inovações nas fracções autónomas rege o disposto nas alíneas a) a d) do n.2 do artigo 1422. VI - Constitui inovação toda a obra que traga algo de novo, criativo, em benefício quer das coisas...
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