Acórdão nº 0018526 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1991 (caso None)
| Data | 24 Janeiro 1991 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: V SERRA IN RLJ ANO105 PAG233. H GASPAR IN A RESPONSABILIDADE CIVIL DO MÉDICO IN CJ ANOIII PAG335 PAG340.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART798 ART799.
Sumário: I - A causa de pedir não é o facto abstracto configurado na Lei como mera categoria legal mas antes o facto concreto invocado pelo autor a que a Lei empresta coloração e efeitos jurídicos, gerando direitos e (ou) deveres. II - Em termos de responsabilidade extra-contratual, a causa de pedir será não a negligência ou inconsideração abstractamente consideradas, mas antes os actos ou omissões que as traduzem. III - Em termos de relação obrigacional e no caso de acção baseada em incumprimento, não é este, como categoria legal, a causa de pedir, mas sim o facto...
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