Acórdão nº 067261 de Supremo Tribunal de Justiça (Portugal), 11 de Julho de 1978
| Magistrado Responsável | AQUILINO RIBEIRO |
| Data da Resolução | 11 de Julho de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART487 ART491 ART563. CPC67 ART722 N2 ART729 N2.
Legislação Estrangeira: CCIV ALEMÃO PAR832. CCIV FRANCES ART1384. CCIV ITALIANO ART2048.
Sumário : I - O artigo 491 do Codigo Civil estabelece a culpa in vigilando em que podem incorrer os pais quanto aos actos de seus filhos menores, sujeitos aos poderes-deveres de vigilancia, sendo responsaveis pelos consequentes danos causados a terceiros. II - A presunção de culpa, insita no preceito, e sempre ilidivel, pois admite a prova do cumprimento do dever de vigilancia, por parte dos pais, ou a demonstração de que os danos seriam inevitaveis, apesar do exercicio daquele dever. III - Não preenche os deveres de vigilancia dos pais, em acidente causado pelo filho...
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