Acórdão nº 063907 de Supremo Tribunal de Justiça (Portugal), 14 de Janeiro de 1972
Data | 14 Janeiro 1972 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ALBERTO DOS REIS IN CPC ANOTADO VOLI PAG436. VAZ SERRA IN BMJ N101 PAG123. PIRES DE LIMA E A VARELA IN CCIV ANOTADO VOLI PAG336.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART325 N1. CCIV66 ART490 ART497 N1 N2.
Sumário : I - Tendo duas firmas requerido com exito que fosse decretada uma providencia cautelar no sentido de outra firma respeitar uma norma corporativa instituida pelo Gremio dos Proprietarios de Fragatas e Batelões do Porto de Lisboa e homologada pela Junta Nacional da Marinha Mercante - - providencia cautelar essa que, porem, acabou por sucumbir, em razão dos Tribunais se terem pronunciado pela nulidade ou ineficacia da aludida norma gremial -, na acção intentada pela requerida para o efeito de ser indemnizada dos prejuizos que lhe causou tal providencia, as requerentes (agora res) podem chamar a autoria o Gremio e a Junta. II - E isto porque, se a conduta das res tivesse substanciado um acto ilicito, existiria comparticipação, uma vez que o efeito do dano teria uma dupla fonte: a criação indevida do direito substantivo pelo Gremio e pela Junta...
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