Acórdão nº 0053561 de Supremo Tribunal Administrativo (Portugal), 04 de Maio de 1993 (caso None)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 04 de Maio de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: HENRIQUE MESQUITA A PROPRIEDADE HORIZONTAL NO NOVO CÓDIGO CIVIL PORTUGUÊS IN RDES 1976 PAG121 NOTA100.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1346 ART1422 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1974/02/22 IN BMJ N234 PAG241. AC RP DE 1992/10/29 IN CJ 1992 T4 PAG268. AC RC DE 1984/11/13 IN CJ 1984 T5 PAG160. AC STJ DE 1979/06/07 IN BMJ N288 PAG403.
Sumário: O destino de uma fracção autónoma tanto pode ser estabelecido no título de constituição da propriedade horizontal, mediante declaração expressa, como resultar da descrição que é feita do prédio e das respectivas fracções, tacitamente, como resultar das características internas do espaço que integra cada uma das fracções, como, até, das características do prédio de que a fracção faça parte ou do conjunto urbanístico em que o prédio esteja integrado ou da sua localização. A normalidade e a anormalidade de utilização de um prédio são, desde logo...
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