Acórdão nº 9320157 de Court of Appeal of Porto (Portugal), 25 de Outubro de 1993
| Magistrado Responsável | ARAUJO CARNEIRO |
| Data da Resolução | 25 de Outubro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CCIV66 ART498 N3. CP82 ART107.
Sumário: I - O "facto ilícito", fonte de responsabilidade civil, a que alude o nº 3 do artigo 498 do Código Civil, é facto concreto, efectivamente provado, de que emerge o direito de indemnização, e não qualquer facto, afastado da realidade e engendrado pela fantasia, vazado na petição inicial. II - A não ser assim, estaria encontrado o expediente de facilmente evitar a consumação da prescrição, bastando para o efeito alegar, recorrendo à imaginação, um facto que, se fosse verdadeiro, constituisse um crime de...
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