Acórdão nº 076718 de Supremo Tribunal Administrativo (Portugal), 09 de Fevereiro de 1989 (caso None)
| Magistrado Responsável | FERREIRA DA SILVA |
| Data da Resolução | 09 de Fevereiro de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: VAZ SERRA IN BMJ N83 PAG83.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV.
Legislação Nacional: CCIV66 ART122 ART123 ART124 ART483 N1 ART491 N1 ART497 N1 ART1877 ART1878.
Jurisprudência Nacional: AC STJ DE 1977/02/08 IN BMJ N264 PAG154.
Sumário : I - Relativamente a arguição de nulidades o Supremo Tribunal de Justiça esta impossibilitado, de exercer qualquer juizo de censura sobre a sentença da 1 instancia ja que a medida do seu conhecimento esta delimitada, em principio (salvo quanto as questões de conhecimento oficioso) - apenas ao julgado sujeito a sua revisão, ou seja, o acordão recorrido. II - A lei estabelece uma mera presunção de culpa das pessoas obrigadas, por lei ou negocio juridico, a vigiar outras, e não a sua responsabilidade objectiva. III - A culpa in vigilando podera ser afastada provando-se que se cumpriu o dever de vigilancia, ou...
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