Quem é o bom pai de família?

: estudo sobre o critério de aferição da culpa negligente

Abstract

This thesis analyses the abstract criterion for assessing guilt, enshrined in art. 487.º, n.º 2 of the CC, which is based on the indeterminate concept of the good family father. In addition to framing the question within the more general topics of civil liability and guilt, we resorted to a doctrinal, historical, comparatistic and case law analysis. Starting by explaining how the concept arose in roman law, we then assessed the evolution of Portuguese law in terms of positive law and of the main literature, with the help of some notes from close legal orders. The developments of the investigation were summarised in three key coordinates: the ethical dimension of the concept of the good family father, the ways of substantiating it and the definition of the injuring party (subjectivization/objectivization). Seeing as the most relevant way of analysing the concept of the good family father resides in the comparison between the conduct of the injuring party and the conduct that the good family father would have adopted, we tried to determine what that comparison consists of and in which terms it should be made.

Date of Award	9 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Afonso (Supervisor)