Acórdão nº 077041 de Supremo Tribunal de Justiça (Portugal), 12 de Outubro de 1989
Magistrado Responsável | RODRIGUES GONÇALVES |
Data da Resolução | 12 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART1417 ART1418 ART1424 N1 N2 N3 ART1430.
Sumário : I - Embora não seja obrigatório para a constituição da propriedade horizontal (artigo 1418 do Código Civil) é permitido no título constitutivo fixar o modo de entrada de cada uma das fracções autónomas. II - Se no título constitutivo se estabeleceu que a entrada para a fracção autónoma da cave se fazia por determinado número de polícia, isso significa que é de uso exclusivo dos condóminos da cave a entrada, rampa de acesso e corredor que lhe dão acesso. III - No entanto, como em matéria de propriedade horizontal não há pluralidade de comunhão, não obstante o uso exclusivo, aqueles acessos são partes comuns, sujeitos a uma gestão uniforme através da assembleia de condóminos. IV - As despesas relativas às partes comuns do prédio que, sirvam exclusivamente algum dos condóminos ficam a cargo dos que delas se...
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