Acórdão nº 076012 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1988 (caso NULL)
Data | 03 Novembro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CCIV66 ART483 ART494 ART562 ART566 N2 ART572. CE54 ART5 N3 ART40 N1. CPC67 ART661.
Sum·rio : I - O Autor agiu com culpa, transgredindo o n. 1 do artigo 40 do Codigo da Estrada, uma vez que seguia a pe junto a berma do lado direito, mas sobre o asfalto, levando o velocipede pela m„o, do lado da berma e n„o, como lhe competia, pela berma. II - Houve concorrencia de culpas ja que o veiculo do Reu embateu no veiculo do Autor, por detras deste, e o local do acidente situa-se sensivelmente a 100 metros de uma curva que fica antes dele, tendo o acidente ocorrido em 24 de Fevereiro de 1976, pelas 7 horas e 15 minutos, sendo bem fixada a proporÁ„o de culpas em 20 por cento para o Autor e 80 por cento para o Reu. III - O tribunal n„o pode condenar em importancia superior no pedido - artigo 661 do Codigo de Processo Civil. IV - E ao momento da decis„o da primeira...
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