Acórdão nº 9720654 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1997
Magistrado Responsável | MARIO CRUZ |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE.
Indicações Eventuais: FOI NEGADO PROVIMENTO AO RECURSO INDEPENDENTE E PROVIDO PARCIALMENTE O RECURSO SUBORDINADO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART371 N1 ART483 ART494 ART496 ART503 N1 N3 ART508 ART562 ART563 ART564.
Jurisprudência Nacional: AC RP DE 1987/01/06 IN CJ T1 ANOXII PAG194. ASS STJ DE 1994/03/02 IN DR IS-A 1994/04/28. AC RC DE 1979/06/12 IN CJ T3 ANOIV PAG902. AC RP DE 1987/06/11 IN CJ T3 ANOXII PAG195. AC STJ DE 1979/11/09 IN BMJ N283 PAG260.AC STJ DE 1979/11/18 IN BMJ N283 PAG275.AC STJ 1981/05/19 IN BMJ N307 PAG242. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. AC STJ DE 1986/05/15 IN BMJ N357 PAG412. AC STJ DE 1992/11/17 IN BMJ N421 PAG414. AC RE DE 1977/07/07 IN CJ T4 ANOIV PAG891. AC STJ DE 1994/05 /17 IN CJSTJ T2 ANOII PAG101.AC STJ DE 1976/11/27 IN BMJ N253 PAG177.
Sumário: I - A participação de um acidente de viação elaborada por um agente policial que não assistiu ao mesmo é insusceptível de produzir prova vinculada quanto aos factos nela descritos. Trata-se antes de um elemento de prova que deve ser valorado livremente pelo tribunal em conjugação com os restantes elementos probatórios. II - Ocorrendo acidente de viação para o qual concorra um veículo conduzido por pessoa que não seja o o seu proprietário mas o conduza por conta de outrem, e não haja elementos que permitam determinar a sua culpa efectiva, o condutor é mesmo assim responsável, a título de culpa presumida, a menos que prove que não houve culpa da sua parte. III - A culpa presumida equivale à culpa efectiva, não estando assim sujeito o...
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