Acórdão nº 9120800 de Court of Appeal of Porto (Portugal), 17 de Fevereiro de 1992
Data | 17 Fevereiro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC39 ART660 PARÚNICO. CPC67 ART26 ART715. CCIV66 ART483 N1 ART486 ART487 ART509 N1 N2 N3.
Jurisprudência Nacional: AC RL DE 1975/01/08 IN BMJ N243 PAG318. 0C RL DE 1984/05/15 IN CJ ANOIX T3 PAG42.
Sumário: I - O reconhecimento implícito da legitimidade dos réus constitui antecedente lógico e necessário da sua condenação. II - Assim, não ocorre a nulidade da sentença, por omissão de pronúncia, quanto à arguida legitimidade passiva, por via do julgamento implícito nela contido. III - O artigo 509, nº 1 do Código Civil traduz uma situação de responsabilidade objectiva, que se justifica pelo facto da energia eléctrica e do gás serem actividades de utilização muito perigosa, pelos riscos que envolve...
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