Acórdão nº 085722 de Supremo Tribunal de Justiça (Portugal), 08 de Novembro de 1994 (caso NULL)
Magistrado Responsável | CESAR MARQUES |
Data da Resolução | 08 de Novembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO114 PÁG77.
Área Temática: DIR CIV - DIR REAIS / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART664 ART722 N2 ART729 N1 N2. RGEU51 ART165 ART167. D 44258 DE 1962/03/31. CCIV66 ART334 ART347 ART492 ART493 ART502 ART1305 ART1348 ART1349 ART1350 ART1352.
Sumário : I - Estabelece o artigo 1305 do Código Civil que o proprietário goza de modo pleno e exclusivo dos direitos de uso, fruição e disposição das coisas que lhe pertencem dentro dos limites da lei e com observância das restrições por ela impostas. II - Porém os Réus infringiram o princípio geral do dever de prevenção do perigo, pois, devendo agir para impedir o desabamento das terras soltas e o prejuízo daí decorrente para os prédios vizinhos, inclusivé do Autor, apesar de alertados para tal perigo, mais de uma vez, nada fizeram, princípio geral que ressalta dos artigos 492, 493, 502, 1347, 1348, 1349, 1350 e 1352 do Código Civil, tendo assim um comportamento ilícito, sujeito a responsabilidade civil. III - Não cometem os Autores qualquer abuso do direito ao pretenderem ser indemnizados pelos prejuízos que lhes causou o desabamento de terras provindo do prédio dos Réus e que estes procedam à sua remoção. IV - O Supremo, aos factos materiais fixados aplica definitivamente o regime jurídico que julga adequado e tal matéria de facto...
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