Acórdão nº 9920633 de Court of Appeal of Porto (Portugal), 12 de Outubro de 1999
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 12 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART201 N1 ART205 N1. CPC95 ART615. CCIV66 ART493 N2 ART1351 N1.
Sumário: I - Não podem ser especificadas, como admitidos por acordo, os factos alegados pelo réu e que o autor não impugnou quando o processo não admitia réplica. II - Mesmo quando a inspecção judicial é feita pelo tribunal colectivo, há que lavrar auto de diligência registando todos os elementos úteis para o exame e decisão da causa. III - Se não foi lavrado esse auto, a nulidade daí resultante apenas poderá ser arguida enquanto durar a diligência. IV - A actividade de construção civil, no que respeita a infiltrações de água em prédios vizinhos, não representa uma especial perigosidade para efeitos da presunção de culpa fixada no artigo 493 n.2 do Código Civil. V - O prédio situado a nível...
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