Acórdão nº 9330749 de Court of Appeal of Porto (Portugal), 10 de Março de 1994
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 10 de Março de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART563 ART792 N1 N2 ART794.
Sumário: I - Em acidente de viação em que um veículo sai da via e derruba os postes de electricidade e telefones, originando a paralização de uma unidade fabril servida pelos mesmos, não pode esta pedir indemnização pelos danos sofridos à Seguradora do veículo com base na responsabilidade civil extracontratual ( artigo 483 do Código Civil ). II - Quando o artigo 483 do Código Civil, que enuncia os pressupostos da responsabilidade civil extracontratual se refere à violação de um direito de outrem, dele está a excluir os direitos de crédito, cujo não cumprimento, cumprimento tardio ou defeituoso têm regulamentação própria em sede de responsabilidade contratual. III - Em princípio o direito de crédito emergente de um contrato não pode ser directamente violado por um terceiro que é estranho à relação contratual. IV - O entendimento de que o artigo 483 do Código Civil não cobre, em regra, a lesão de...
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