Acórdão nº 0014782 de Court of Appeal of Lisbon (Portugal), 28 de Junho de 1990 (caso NULL)
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 28 de Junho de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART473 ART483 ART487 N2. CPC67 ART498 N4.
Sumário: I - Não sendo caso de responsabilidade objectiva, o autor tem de socorrer-se da responsabilidade civil subjectiva; II - Salvo presunção legal, cabe ao lesado a prova da culpa do lesante; III - Vigora entre nós a teoria da substanciação, segundo a qual a causa de pedir consiste no facto jurídico concreto invocado pelo autor; IV - Cabe ao tribunal a qualificação jurídica dos factos alegados e provados pelas partes; V - Tendo o autor...
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