Acórdão nº 075262 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1987
Magistrado Responsável | PINHEIRO FARINHA |
Data da Resolução | 19 de Novembro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO112 PAG316. A COSTA DIREITO DAS OBRIGAÇÕES PAG291.
Área Temática: DIR CIV - DIR OBG / DIR REAIS. DIR PROC CIV - PROC ESP.
Legislação Nacional: L 63/77 DE 1977/08/25 ART1 N2 ART2. CCIV66 ART416 ART1414 ART1417. CPC67 ART1410 ART1454 ART1458 ART1459.
Sumário : I - A propriedade horizontal pode constituir-se por negocio juridico, que pode ser a declaração unilateral, satisfeitos os requisitos objectivos, do proprietario. II - A não pertença das fracções a proprietarios diferentes tem como consequencia logica a redução da propriedade horizontal ao regime da propriedade singular. III - O n. 2 do artigo 1 da Lei n. 63/77, de 25 de Agosto não fala de propriedade horizontal mas apenas em fracção autonoma de predio urbano, e sendo reconhecida essa autonomia na escritura de constituição da propriedade horizontal, embora a propriedade do predio continue a pertencer a um individuo, o arrendatario de uma fracção goza de direito de preferencia relativamente a sua venda. IV - O arrendatario, ainda que estivesse presente numa reunião onde foi apresentado o...
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