Acórdão nº 086534 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1996 (caso NULL)
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 18 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: A VARELA MANUAL 2ED PÁG681.
Área Temática: DIR CIV - DIR RESP CIV / DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART70 N1 ART483 N1 ART496 N3 ART1422 N2 C. CONST89 ART66 N1. CPC67 ART663 N2 ART668 N1 C D.
Sumário : I - Todos os factos supervenientes, constitutivos ou modificativos do direito ou da defesa, foram apreciados pela Relação, tirando deles as ilações devidas, assim como a decisão não está em oposição com os fundamentos, como bem ressalta do acórdão, não se tendo violado os artigos 663, n. 2 e 668, n. 1, alíneas c) e d) do Código de Processo Civil. II - Os Réus nas fracções "A", "B" e "C" rés-do-chão e 1. andar, com a escola de música e aparelhagem sonora, vêm produzindo ruído que pela sua frequência e intensidade ultrapassam a normalidade, incomodando todos quanto residem no prédio e têm de descansar, como acontece com os Autores, mormente o Autor Jaime, pessoa doente e nervosa que se tem visto na necessidade de sair de sua casa para repousar. III - Assim, são responsáveis pelos factos ilícitos praticados, com a obrigação de indemnizar os Autores, pois teem agido com culpa e causado...
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