Acórdão nº 075493 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.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT M PINTO LIÇ 3ED PAG615.
Área Temática: DIR CIV - DIR RESP CIV. DIR ECON - DIR SEG.
Legislação Nacional: CCIV867 ART10. CCIV66 ART12 N2 ART294 ART493 ART503 N3 ART506 ART508. CPC67 ART351 A ART352 ART356 ART359 N2 ART728 N3. DL 408/79 DE 1979/09/25 ART1 ART2 ART9 N1 N6. DL 522/85 DE 1985/12/31. CCOM888 ART429.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN DR IS 1983/06/28. AC STJ DE 1985/11/03 IN BMJ N352 PAG329. AC STJ DE 1986/05/06 IN BMJ N357 PAG385.
Sumário : I - Para efeito do artigo 351, alinea a) do Codigo de Processo Civil, não ha a igualdade de interesse a Autora ou Reu num caso julgado relativo a passageiro do automovel que, titular do direito proprio, e podendo accionar o seu condutor, quando chamado pela Re noutra acção sobre o mesmo acidente (onde citado silenciou) viu decidida a culpabilidade exclusiva do "seu condutor". Assim não fica inibido de demandar o outro motorista, ate porque a causa de pedir não era a mesma, pois num caso se questionava a culpa de um dos condutores e, na outra acção, se invocou a culpa de ambos. II - Apos o assento do S.T.J. de 14 de Abril de 1983 e Acordão conjunto do S.T.J. de 03/11/85 não e cindivel a culpa presumida do comissario e a efectiva do artigo 493...
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