Acórdão nº 080139 de Supremo Tribunal Administrativo (Portugal), 03 de Dezembro de 1991 (caso None)
Magistrado Responsável | JOAQUIM DE CARVALHO |
Data da Resolução | 03 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR TRAB - ACID TRAB.
Legislação Nacional: CCIV66 ART494 ART496 N1 N3 ART500 N1 ART503 N3 ART506 N2 ART508 ART564 ART566. L 2127 DE 1965/08/03 BXXXVII. DL 408/79 DE 1979/09/25 ART21.
Jurisprudência Nacional: AC STJ DE 1985/12/17 IN BMJ N352 PAG329.
Sumário : I - Verificada a colisão de dois veiculos automoveis conduzidos por conta de outrem, ambos os condutores se presumem culpados não provando falta de culpa da sua parte, respondendo pelos danos que causarem, nos termos do artigo 503, n. 3 do Codigo Civil. II - Não sendo possivel estabelecer proporções de culpa de cada um dos condutores, ha que considerar igual a contribuição dos veiculos e da culpa de cada um deles para os danos consequentes do acidente, nos termos do artigo 506, n. 2 do Codigo Civil. III - Solidariamente com o condutor lesante respondem, pelas indemnizações aos lesados, o dono detentor do veiculo e comitente daquele, e a seguradora para quem o segundo contratualmente transferira a sua responsabilidade (esta dentro dos limites contratualmente fixados, deduzidas as indemnizações ja pagas e proporcionalmente pelos lesados), não sendo aqui aplicavel o limite de responsabilidade consignado no artigo 508 do...
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