Acórdão nº 0409055 de Court of Appeal of Porto (Portugal), 07 de Fevereiro de 1990
| Magistrado Responsável | CALHEIROS LOBO |
| Data da Resolução | 07 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART506 N1 N2.
Jurisprudência Nacional: AC STJ DE 1983/10/25 IN BMJ N330 PAG514. AC STJ DE 1974/05/24 IN BMJ N237 PAG226.
Sumário: I - Nos termos do artigo 506, nº 1, do Código Civil, se da colisão entre dois veículos resultaram danos em relação a um deles e nenhum dos condutores tiver culpa no acidente, a responsabilidade é repartida na proporção em que o risco de cada um dos veículos houver constribuído para os danos; II - Na hipótese de acidente de viação em que são intervenientes um auto ligeiro de mercadorias e um motociclo, em abstracto, as possibilidades que cada um deles tem de causar o acidente são equivalentes, mas é no concreto que se deve...
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