Acórdão nº 077703 de Supremo Tribunal Administrativo (Portugal), 20 de Março de 1990 (caso None)
Magistrado Responsável | JORGE VASCONCELOS |
Data da Resolução | 20 de Março de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N2 ART503 N2 N3 ART506 N1 ART508.
Jurisprudência Nacional: AC STJ DE 1984/01/12 IN BMJ N133 PAG413. ASS STJ DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1984/06/27 IN RLJ ANO122 PAG168. AC STJ DE 1984/07/17 IN RLJ ANO122 PAG168.
Sumário : I - Age como comissario do proprietario do veiculo o condutor que foi por este incumbido, mesmo que ocasionalmente, de ir chamar um individuo para lhe efectuar um serviço, incumbencia que implica a pressuposição de uma relação de dependencia ou subordinação, que e suficiente para a integração juridica da relação de comissão. II - O disposto no artigo 503, n. 3 do Codigo Civil significa, conforme se estabelece no Assento do Supremo Tribunal de Justiça de 14 de Abril de 1983 que o comissario responde nas relações com terceiros lesados, salvo se ilidir a sua propria culpa. III - O disposto no artigo 503, n. 3 do Codigo Civil, estende-se ao caso de colisão de veiculos, fundamentalmente porque a condução por conta de outrem, normalmente profissionais peritos na condução automovel, envolve perigos muito graves de omissão do dever de vigilancia e da facilitação exclusivas da condução. IV - O facto do artigo 503, n. 3, do Codigo Civil estar inserido no Capitulo da responsabilidade pelo risco não implica, no caso de culpa presumida, a aplicação, na determinação do...
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