Acórdão nº 9140904 de Court of Appeal of Porto (Portugal), 07 de Julho de 1992
Data | 07 Julho 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: DL 48051 DE 1967/11/21. ETAF84 ART51 N1 H. CONST ART14.
Jurisprudência Nacional: AC T CONFL DE 1981/11/05 IN BMJ N311 PAG195. AC RL DE 1980/03/28 IN CJ T2 ANOV PAG204. AC RL DE 1985/03/26 IN CJ T2 ANOX PAG111.
Sumário: I - É extracontratual a responsabilidade civil do Estado Português, se não cumprir o dever de protecção dos seus nacionais no estrangeiro, consagrado no artigo 14 da Constituição da República, e se de tal omissão resultaram danos para um particular, porque este supriu a inércia do Estado, diligenciando com êxito a libertação de dois portugueses que estavam reféns na Líbia...
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