Acórdão nº 9220980 de Court of Appeal of Porto (Portugal), 29 de Junho de 1993
Magistrado Responsável | LOBO MESQUITA |
Data da Resolução | 29 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART506 N1 N2 ART499 ART497 N1. L 28/84 DE 1984/08/14. DL 58/89 DE 1989/02/22 ART4 N1.
Sumário: I - Mostra-se judiciosamente feita a repartição do risco entre uma motorizada e um automóvel em 30% para aquele 70% para este, uma vez que a responsabilidade pelo risco se determina em consideração dos veículos ( e não dos condutores ), independentemente ( pelo menos em regra ) das circunstâncias concretas do acidente, e por forma abstracta e genérica. II - Sobre a Ré seguradora impende a condenação na totalidade do pedido formulado pelo Centro Nacional de Pensões apenas contra ela ( que não também contra os herdeiros do falecido ) uma vez que a Lei nº 28/84, de 14 de Agosto e o artigo 4 nº 1 do Decreto-Lei nº 58/89, de 22 de Fevereiro ficcionam um dano sofrido por aquele...
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