Acórdão nº 085023 de Supremo Tribunal de Justiça (Portugal), 16 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 16 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A VARELA IN RLJ ANO126 PAG190. P LIMA E A VARELA IN CCIV ANOTADO VOLI PAG562.
Área Temática: DIR PROC CIV - PROCED CAUT / RECURSOS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART367 ART387 N2 ART659 N2 ART661 N2 ART662 N2 ART666 N2 ART668 N1 B ART712 ART713 N2 ART716 N1 N2 ART721 ART722 N2 ART729 N2. CCIV66 ART483 N1 ART487 N2 ART496 N1 N2 ART621. CPC61 ART404 N1.
Sumário : I - Se a providência cautelar for julgada injustificada ou caducar, o requerente é responsável pelos danos causados ao requerido, quando não tenha agido com a prudência normal, e não pode requerer outra providência como dependência da mesma causa. II - Saber se o requerente da providência actuou ou não com "uma prudência normal" vem a significar saber se actuou ou não com culpa, aferindo-se esta pela diligência de um bom pai de família. III - O requerente actuou duma forma de culpa dolosa (n. 1 do artigo 483 do Código Civil) se teve consciência do resultado danoso - precisamente o de pretender fazer passar por seu o...
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