Acórdão nº 074060 de Supremo Tribunal de Justiça (Portugal), 06 de Fevereiro de 1987
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 06 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA DAS OBRIGAÇÕES EM GERAL VOLI 2ED PAG507.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART483 ART503 ART508. CPC67 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1978/10/17 IN BMJ N280 PAG260. AC STJ DE 1981/02/05 IN BMJ N304 PAG358. ASS STJ DE 1983/04/14 IN DR 1S 1983/06/28.
Sumário : I - O artigo 508 do Código Civil estabelece limites máximos de indemnização em acidente de viação, mas apenas nos casos em que não haja culpa do condutor. II - A indemnização nos acidentes de viação é devida com base na culpa - artigo 483 do Código Civil - ou na responsabilidade objectiva, a titulo de risco - artigo 503 do mesmo diploma -, sendo essas as únicas formas de imputação que se podem verificar para que ela possa ter lugar. III - Não se verificando a forma de imputação pelo risco, mas sim a imputação com base na culpa...
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