Acórdão nº 071488 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1984 (caso NULL)
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 03 de Maio de 1984 |
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 ART209 ART342 ART389 ART1376. CPC67 ART100 N1 ART1060 N1. L 2116 DE 1962/08/14 ART1 BIII. L 72/77 DE 1977/09/29 ART49 N1 D. PORT 202/70 DE 1970/04/21. DL 47344 DE 1966/11/25 ART3. CONST76 ART98. DL 77/77 ART49 N1 D.
Jurisprudência Nacional: AC STJ DE 1983/06/10 IN BMJ N326 PAG561. AC STJ DE 1969/10/11.
Sumário : I - Nem só a ausência dos requisitos impostos pela portaria 202/70 de 2 de Abril de 1970 impossibilita a acção de divisão de prédio rústico comum; a divisão é também inadmissível, quando, de algum modo, implique o detrimento da coisa, o que resulta do disposto nos artigos 209 do Código Civil, 1060 n. 1 do Código de processo Civil, 28 da Constituição de 1976...
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