Acórdão nº 075109 de Supremo Tribunal Administrativo (Portugal), 12 de Novembro de 1987 (caso None)
Magistrado Responsável | GOMES DOS SANTOS |
Data da Resolução | 12 de Novembro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART70 ART494 ART496 N1 N3 ART500 N1 ART503 N1 N3 ART505 ART506 ART508 ART562 ART563 - ART566. CPC67 ART661 N1.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN DR IS 1983/04/14.
Sumário : I - Em principio, a responsabilidade pelo risco impende sobre quem tem a direcção efectiva do veiculo. II - No n. 3 do artigo 503 do Codigo Civil, estabelece-se uma presunção de culpa do condutor do veiculo por conta de outrem pelos danos de que for causa, sendo aplicavel nas relações entre ele, como lesante, e o titular, ou titulares do direito de indemnização. III - A norma do n. 3 do referido artigo 503 e aplicavel no caso de colisão de veiculos em movimento. IV - Para efeito de afastamento dos limites fixados pelo artigo 508 do Codigo Civil, não ha que estabelecer diferença entre a culpa presumida e a culpa efectiva. V - A indemnização em montante inferior aos danos causados so e admissivel no uso da faculdade concedida pelo artigo 494 do Codigo Civil. VI - A redução da capacidade de trabalho implica, naturalmente, a diminuição do rendimento, traduzindo-se num dano patrimonial. VII - Quando os efeitos do evento danoso são permanentes deve, quanto ao futuro, reparar-se o dano atraves da atribuição de capital produtor do rendimento perdido susceptivel de, durante a vida do lesado, garantir as prestações periodicas correspondentes a sua perda de ganho. VIII - Quanto ao dano não patrimonial, não se trata verdadeiramente de uma indemnização mas antes de compensação cuja finalidade e aumentar um patrimonio intacto para...
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