Acórdão nº 9140491 de Court of Appeal of Porto (Portugal), 15 de Julho de 1991
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 15 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR REAIS - DIR RESP CIV. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CCIV66 ART1347. RGEU51 ART58 ART121 ART122.
Jurisprudência Nacional: AC STJ DE 1984/04/05 IN BMJ N336 PAG425. AC STA DE 1972/12/07 IN BMJ N223 PAG263. AC RL DE 1990/03/08 IN CJ T2 ANOXV PAG127.
Sumário: 1- O dever de indemnizar a que se refere o Art. 1347, n. 1, do Codigo Civil, constitui mais um caso excepcional de responsabilidade civil resultante do exercicio de uma actividade licita. 2- Os efeitos nocivos a que se refere o Art. 1347 citado são apenas os de ordem fisica sobre a edificação (do predio vizinho) em si mesma, ou seja, sobre os materiais da sua construção, a sua estrutura, conservação, estabilidade e segurança, não...
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