Acórdão nº 004343 de Supremo Tribunal de Justiça (Portugal), 08 de Maio de 1996
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 08 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA OBG VOLI 5ED PAG591. P LIMA A VARELA ANOT VOLI 4ED PAG507.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART487 N1 ART493 N2 ART497 N2 ART499 ART500 N3 ART503 N3. CCOM888 ART266.
Jurisprudência Nacional: AC STJ DE 1980/03/06 IN BMJ N295 PAG369. AC STJ DE 1980/06/11 IN BMJ N306 PAG187. AC STJ DE 1980/10/15 IN BMJ N300 PAG357. AC STJ DE 1982/05/25 IN BMJ N317 PAG256. AC STJ DE 1983/02/22 IN BMJ N324 PAG578. ASS STJ DE 1979/11/21 IN RLJ ANO113 PAG152.
Sumário : I - A determinação da culpa quando não resulte da violação da lei ou regulamento, mas da violação dos deveres gerais de diligência, constitui matéria de facto, da competência das instâncias. II - O artigo 503, n. 3, do Código Civil insere-se na teoria do risco ou da responsabilidade objectiva e a presunção de culpa do comissário só funciona em relação a terceiro lesado e não em relação ao comitente, nas suas relações internas do direito de regresso. III - Assim, sendo o Autor...
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