Acórdão nº 080175 de Supremo Tribunal de Justiça (Portugal), 11 de Março de 1992
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 11 de Março de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VARELA DAS OBG EM GERAL 7ED VI PAG889 PAG897. A COSTA DIR DAS OBG 5ED PAG361.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV - PROCED CAUT / RECURSOS.
Legislação Nacional: LOTJ87 ART29. CPC67 ART406 N4 ART721 N2 ART722 N2 ART729 N2. CCIV66 ART496 N1 ART563 ART621.
Sumário : I - Em principio, o Supremo Tribunal de Justiça não tem competencia para apreciar a materia de facto fixada pelas instancias. II - O artigo 563 do Codigo Civil consagra a teoria da causalidade adequada na formulação negativa devida a Erreccerus - Lehmann. III - Se, face ao arresto e outros processos movidos ao arrestado e a toda a movimentação que se gera a sua volta, aquele, durante algum tempo, não teve a serenidade suficiente para poder dedicar-se, a tempo inteiro e com a necessaria assiduidade, como antes a gestão das empresas de que e socio gerente, sendo que, em consequencia do arresto, sofreu enorme abalo e indignação, e ficou privado da sua tranquilidade e paz de espirito, e se o arresto pos em perigo a sua saude...
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