Acórdão nº 0017229 de Supremo Tribunal Administrativo (Portugal), 04 de Maio de 1977
Magistrado Responsável | COSTA AROSO |
Data da Resolução | 04 de Maio de 1977 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN BMJ N82 PAG222. PIRES DE LIMA ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO V2 PAG441 V3 PAG37.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART473.
Sumário: I - Verificando-se num contrato a transferência temporária de um direito sobre prédio, portanto coisa imóvel, (o direito exclusivo de caçar nessa propriedade), sem retribuição, se bem que onerada com certos encargos, v.g. efectivação de certas benfeitorias com transferência imediata destas para o proprietário ou rendeiro, a reserva de um posto nas batidas, etc., o que não atribui, porém, correspectividade às prestações, mas apenas limita o valor do direito de uso concedido gratuitamente, está-se perante um contrato de comodato. II - Daí decorre que a construção de um aramado era necessário legalmente à aplicação própria a uso exclusivo da caça (art. 64 e 65 do Decreto-Lei n. 47847 de 14 de Agosto de 1967) e, portanto, a respectiva despesa era necessária ao uso da coisa ou direito concedido, sem direito a reembolso. III -...
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