Acórdão nº 087261 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1995 (caso NULL)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 04 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART220 ART829 N1 ART1419 N1 ART1421 N1 B ART1422 N2 A ART1425. CNOT67 ART89 A. CRP84 ART4 N1 ART5 N1. CONST82 ART2 ART208 N1 N2 ART277 N1. CPC67 ART653 N2 ART659 N2 ART676 ART684 N3 ART690 N1 ART712 N3 ART732 N2.
Jurisprudência Nacional: AC STJ DE 1974/03/12 IN BMJ N235 PAG266. AC STJ DE 1982/03/23 IN BMJ N315 PAG270.
Sumário : I - O artigo 208, n. 1 da Constituição dispõe que as decisões dos tribunais são fundamentadas nos casos e nos termos previstos na lei, portanto na lei ordinária. II - Ora, segundo o disposto no artigo 712, n. 3 do Código de Processo Civil, basta, a menção dos meios concretos de prova em que se haja fundado a convicção do julgador, pelo que não se verifica inconstitucionalidade, se tal acontecer. III - Os recursos destinam-se a impugnar as decisões de que se recorre e não a suscitar a resolução de novas questões. IV - Inovação é aquela obra que constitua uma alteração do prédio tal como originariamente foi concebido e licenciado e existia à data da constituição da propriedade horizontal. V - E para que dada obra em parte comum do prédio seja inovação não é preciso que se revele capaz de prejudicar a utilização por parte de alguns dos condóminos, da sua fracção autónoma ou das partes comuns, pois este requisito só revela para o efeito de a inovação contra a...
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