Questão jurídica principal
Whether the garage breached its duty of diligence under the contract for work by failing to take additional anti-theft precautions.
Decisão extraída
No breach was established; the garage took the precautions required by the applicable standard of diligence.
Fundamentação extraída
Under Art. 364 CO, read with the employee-duty standards of Art. 321a CO, the entrepreneur must take necessary protective measures, but is not a general guarantor against any damage. The court held that parking the car locked, without plates, before the showroom, with the key inside the garage, matched the professional practice accepted in analogous case law; the further measures suggested by the owners exceeded what diligence required.