Acórdão nº 080636 de Supremo Tribunal de Justiça (Portugal), 14 de Maio de 1992
Magistrado Responsável | SAMPAIO DA SILVA |
Data da Resolução | 14 de Maio de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV - RECURSOS. DIR CONST.
Legislação Nacional: CONST82 ART277. L 28/82 DE 1982/11/15 ART6. CPC67 ART27 ART28 ART153 ART449 ART660 N2 ART668 N1 D ART671 N1 ART700 N3 N4 ART713 N2 ART716 N1 ART731 N2. CCIV66 ART204 N2 ART334 ART342 N2 ART1543 ART1544 ART1545 N1 ART1547 N1 N2 ART1550 N1 N2 ART1551 N1 ART1553 ART1565 N2 ART1568 ART1569. DL 121/76 DE 1976/02/11 ART1 N3.
Sumário : I - A declaração de inconstitucionalidade de uma norma não compete ao Supremo Tribunal de Justiça (artigos 277 e seguintes da Constituição da Republica e artigo 6 da Lei n. 28/82 ). II - O despacho que, em 2 instancia, fixa prazo para alegações so pode ser impugnado para a conferencia, transitando em julgado se não for tempestivamente impugnado. III - O artigo 1550 do Codigo civil confere ao proprietario de predio absoluta ou relativamente encravado o poder (direito potestativo) de, por um acto de vontade, impor ao proprietario de predio rustico vizinho a constituição de servidão de passagem...
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