Acórdão nº 080205 de Supremo Tribunal Administrativo (Portugal), 07 de Março de 1991 (caso None)
| Magistrado Responsável | BALTAZAR COELHO |
| Data da Resolução | 07 de Março de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CE54 ART10 N2 ART59. CCIV66 ART494 ART496 N3.
Sum·rio : I - Deve-se a culpa grave o acidente em que, para alem da responsabilidade exclusiva do condutor, e violado grosseiramente o disposto no artigo 10, n. 2, do Codigo da Estrada. II - A intensidade da culpa (resultante de ausencia de cuidado numa ultrapassagem) afecta a aplicabilidade do artigo 494 do Codigo Civil e pesa na apreciaÁ„o da responsabilidade indemnizatoria e na ressarcibilidade dos danos n„o patrimoniais - artigo 496, n. 3, do Codigo Civil.
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