Acórdão nº 087044 de Supremo Tribunal de Justiça (Portugal), 28 de Setembro de 1995 (caso NULL)
Magistrado Responsável | ROGER LOPES |
Data da Resolução | 28 de Setembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1424 N2 ART1425 N1 N2.
Sumário : I - É inovadora a obra que constitua uma alteração do prédio tal como originariamente foi concebido, licenciado por ocasião da outorga da licença de utilização e existia à data da constituição da propriedade horizontal, com o fim de proporcionar a um, a vários ou à totalidade dos condóminos, maiores vantagens, melhores benefícios, ainda que só de natureza económica, o uso ou o gozo mais cómodo ou maior rendimento; para que a obra em parte comum seja considerada inovação não é preciso que se revele capaz de prejudicar a utilização, por parte de algum dos condóminos, da sua fracção autónoma ou das partes comuns; esse prejuízo só releva para o efeito de a inovação contra a vontade do prejudicado ser proibida, ainda que aprovada pela maioria dos condóminos que representem dois terços do valor total do prédio. II - Quem, nos termos do disposto no artigo 1425, n. 1, da Código Civil tem...
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