Acórdão nº 085300 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1994 (caso NULL)
Magistrado Responsável | FARIA DE SOUSA |
Data da Resolução | 14 de Dezembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 ART483 ART491 ART496 N1 N2 N3.
Sumário : I - O dever de vigilância dos pais sobre os filhos menores, mercê da incapacidade destes, pode ser exercido por terceiro mediante contrato oneroso ou por mera obsequiosidade deste, o qual só é civilmente responsável por "culpa in vigilando" naquela primeira hipótese, incumbindo porém ao autor o respectivo ónus da prova. II - Na segunda hipótese, a responsabilidade baseada na "culpa in vigilando" recai directamente sobre os pais do menor, quando, por não exercida, tiver sido causadora de danos na pessoa de outrém. III - A mãe de um menor de sete anos que perdeu a visibilidade do olho direito por ter sido atingido por um tiro de espingarda de ar comprimido, disparado por...
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