Acórdão nº 072820 de Supremo Tribunal Administrativo (Portugal), 09 de Maio de 1985 (caso None)
| Magistrado Responsável | GOIS PINHEIRO |
| Data da Resolução | 09 de Maio de 1985 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART280 ART281 ART289 ART1037 N2 ART1276 ART1415 ART1416 ART1418 ART1420. L 63/77 DE 1977/08/25. CPC67 ART474 N1 C.
Sumário : I - O artigo 1416 do Codigo Civil so confere legitimidade para arguir a nulidade aos condominos e ao Ministerio Publico mediante participação da entidade publica a quem caiba a aprovação ou fiscalização das construções. II - A nulidade do titulo constitutivo da propriedade horizontal tem por consequencia a sua insanavel ineficacia (artigo 289 do Codigo Civil). III - A fraude a lei da-se quando se procura evitar a aplicação de uma lei imperativa mediante um desvio consistente na realização de um contrato diferente do proibido directamente...
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