Acórdão nº 97A134 de Supremo Tribunal de Justiça (Portugal), 04 de Novembro de 1997 (caso NULL)
Data | 04 Novembro 1997 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART483 N1 ART487 N1 ART494 ART497 N2 ART562 ART570 ART572. DL 38382 DE 1951/08/07 ART1 ART2.
Sumário : I - A culpa é um juízo de desvalor segundo o qual o agente pode conhecer ou prever a causa do dano e está em estado de preveni-lo usando de uma certa diligência: exprimindo um juízo de conduta reprovável ou censurável, significa que o agente podia e devia ter actuado de outro modo, omitindo assim um dever de diligência possível com referência ao critério normativo do bom pai de família em face das circunstâncias do caso. II - Pressupõe uma conduta ética e de bom procedimento, em plano superior aos que derivam dos termos padronizados e estatísticos do homem médio. III - É, pois, uma valoração à luz do Direito, da necessária diligência com vista à prevenção de um resultado, pelo que, implicando uma qualificação jurídica de tal...
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