Acórdão nº 076160 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1988
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 30 de Junho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR ADM - ADM PUBL LOCAL. DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 39/76 DE 1976/01/19 ART1 ART2 ART4 ART18 ART19. DL 40/76 DE 1976/01/19 ART2 A. L 79/77 DE 1977/10/25 ART109. L 91/77 DE 1977/12/31. DL 104/78 DE 1978/05/23. DL 39/79 DE 1979/03/05. CCIV66 ART7 N3 N4 ART286 ART294. L 1971 DE 1938/06/15 BVI. DL 45158 DE 1953/07/24.
Sumário : I - A revogação do artigo 109 da Lei n. 79/77, de 25 de Outubro, pela Lei n. 91/77, de 31 de Dezembro, operou a repristinação da legislação de 1976 sobre baldios, dado ter sido essa a intenção inequivoca do legislador (parte final do n. 3 do artigo 7 do Codigo Civil). II - E o que claramente resulta da discussão parlamentar do projecto da Lei n. 79-I (in Diario da Assembleia da Republica, ns. 14 e 15, de 26 e 30 de Novembro de 1977, respectivamente) e ainda dos Decretos-Leis ns. 104/78 de 22 de Maio, e 39/79 de 5 de Março, que prorrogaram o prazo fixado no artigo 18 n. 2 do Decreto-Lei n. 39/76. III - Ora, nos termos dos artigos 1 e 2 deste diploma, dizem-se baldios os terrenos...
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