Acórdão nº 9440382 de Court of Appeal of Porto (Portugal), 11 de Maio de 1995
| Magistrado Responsável | SALRETA PEREIRA |
| Data da Resolução | 11 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART495 N3 ART496.
Sumário: I - Tendo a vítima iniciado a travessia da rua depois de se ter certificado de que não havia trânsito de veículos, sendo colhida por um automóvel quando já tinha percorrido 12 dos 14 metros que ela tem de largura e podendo o condutor avistar o peão a cerca de 40 metros, tendo accionado os travões apenas a 20 metros dele, toda a culpa é de atribuir ao condutor da viatura. II - O n.3 do artigo 495 do Código Civil apenas determina os titulares do direito a indemnização, pretendendo excluir desse rol eventuais pessoas a quem o lesado desse com regularidade somas em dinheiro por razões diversas de uma obrigação alimentar. III - O direito à indemnização por parte do cônjuge existe se ele recebia do lesado uma prestação pecuniária regular, no...
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