Acórdão nº 082962 de Supremo Tribunal de Justiça (Portugal), 27 de Abril de 1993 (caso NULL)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 27 de Abril de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: A VARELA DAS OBG VI PAG677. V SERRA IN RLJ ANO101 PAG218. VARELA RLJ ANO121 PAG152. A VARELA RLJ ANO102 PAG56.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV.
Legislação Nacional: CPC67 ART684 N4. CCIV66 ART344 N1 ART483 ART493 ART497 N1 ART503 ART505 N1 N3 ART506 N1 ART570 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/12/17 IN BMJ N352 PAG329. ASS STJ DE 1983/04/14 IN DR IS 1983/04/14.
Sumário : I - Em matéria de responsabilidade Civil extra contratual, a lei distinge claramente, três situações: a culpa efectiva ou demonstrada, que é geradora de responsabilidade em concorrência com facto culposo do lesado. II - A simples culpa presumida cede perante a culpa efectiva do lesado. III - E a responsabilidade pelo risco é afastada em termos específicos - artigos 503, n. 1 e 505, todos do Código Civil. IV - No caso de colisão de veículos conduzidos por comissários, e não se provando a ausência de culpa de alguns deles, o acidente deve ser atribuido a culpa de ambos os condutores, os quais são solidariamente responsáveis pelos danos causados a terceiros - artigo 497, n. 1, do Código Civil. V - A presunção legal traduz-se em inversão do ónus da prova - artigo 344, n. 1 - pelo que o lesado fica dispensado de provar a culpa do lesante, tudo se passando como se tivesse feito essa prova. VI - A culpa, como um dos elementos ou pressupostos de responsabilidade Civil, não se reporta, em princípio, aos próprios danos, salvo no caso de...
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