Questão jurídica principal
Whether the prior 1995 judgment barred reconsideration of the servitude's content after subdivision.
Decisão extraída
No. The earlier judgment concerned the original parcel before subdivision and did not decide how the servitude applies to the newly created parcels under Arts. 743 and 744 ZGB.
Fundamentação extraída
Res judicata extends only to the dispositive and requires identity of claim and factual basis. The subdivision occurred only after the 1995 judgment, so the present dispute involved a new factual situation.