Questão jurídica principal
How the garden easement under the register entry and justificatory deeds must be interpreted under Art. 738 CC
Decisão extraída
The justificatory deeds clearly prohibited any constructions or works of any kind without the servient owners' prior express consent; the easement could not be limited to garden-appropriate improvements.
Fundamentação extraída
The register entry was too summary, so the court relied on the justificatory deeds. Read objectively in light of good faith, the wording 'of any nature whatsoever' and 'any constructions or works' was unambiguous and could not be narrowed by reference to the easement's garden purpose.