Acórdão nº 0040541 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1991 (caso None)
Magistrado Responsável | AFONSO DE MELO |
Data da Resolução | 21 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART500 ART501 ART1044.
Sumário: I - O empreiteiro perante o dono da obra não é um comissário mas um trabalhador independente que actua na esfera da sua autonomia. II - A responsabilidade de uma pessoa colectiva tem de ser, pela natureza das coisas, resultante do comportamento dos indivíduos que em seu nome actuam, como titulares dos respectivos orgãos ou como agentes ou ainda no âmbito de poderes representativos constituídos e tratados como o das pessoas singulares. III - Como dono da obra o Estado não é responsável pelos prejuízos resultantes de incêncio provocado por operário do empreiteiro em prédio de que aquele é inquilino, não sendo assim aplicáveis os artigos 500 e 501 do Código Civil. IV - Como arrendatário o Estado...
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