Personalidade
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 217-218 |
Page 217
s.f. (lat. personalitate).
s.c.: qualidade daquele que apresenta em alto grau os caracteres que distinguem a pessoa, particularmente, a energia da vontade; notabilidade.
O pedido de providências destinadas a evitar a consumação de qualquer ameaça à personalidade física ou moral ou a atenuar os efeitos de ofensa já cometida será dirigido contra o autor da ameaça ou ofensa.
O pedido de providências tendentes a impedir o uso prejudicial de nome idêntico ao do requerente será dirigido contra quem o usou ou pretende usar.
O requerido é citado para contestar e, haja ou não contestação, decidir-se-á após a produção das provas necessárias.
Remissões:
arts. 5.º a 8.º, 1474.º e 1475.º C.P.C..
Page 218
Jurisprudência:
Ac. Rel. Porto, de 6/7/89, in Col. Jur., XIV, 4.º-192.
História:
Os artigos que no C.P.C. vigente estabelecem a tutela da personalidade (1474.º e 1475.º) são novos. Adjectivam as disposições dos arts. 70.º, n.º 2, 72.º, n.º 2 e 73.º, n.º 2 do C.C.
O art. 1474.º de 1961 regulava o exercício do direito correspondente ao dever que o...
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