Acórdão nº 9250241 de Court of Appeal of Porto (Portugal), 14 de Julho de 1992
| Magistrado Responsável | MARTINS COSTA |
| Data da Resolução | 14 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV.
Legislação Nacional: CCIV66 ART204 N1 C ART493 N1.
Sumário: I - Enquanto ligadas ao solo, as árvores são coisas imóveis ( artigo 204, nº 1, alínea c), do Código Civil ). II - Aos danos causados pela sua queda é, pois, aplicável o artigo 493, nº 1 do Código Civil. III - O artigo 493, nº 1, do Código Civil estabelece presunção de culpa do proprietário da coisa imóvel cujo afastamento implica a prova de que exerceu a necessária vigilância e tomou as precauções indispensáveis, ou de que os danos resultaram de caso fortuito, entendido como acontecimento inevitável e imprevisível, o que...
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