Acórdão nº 074964 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1987 (caso None)
| Data | 30 Junho 1987 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV / TEORIA GERAL.
LegislaÁ„o Nacional: CCIV66 ART344 ART487 N1 ART503 N3 ART508. CPC67 ART728 N3.
JurisprudÍncia Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1977/11/24 IN BMJ N271 PAG229.
Sum·rio : I - O condutor por conta doutrem tem o onus de provar que n„o teve culpa no acidenta de viaÁ„o. II - O n. 3 do artigo 503 do Codigo Civil estabelece uma presunÁ„o legal de culpa. III - No caso de acidente provocado pelo condutor por conta doutrem, o lesado pode invocar a culpa presumida daquele considerando-se o condutor comissario presumido culpado desde que n„o se prove a sua falta de culpa. IV _ Existindo culpa presumida, tanto o comissario como o comitente respondem solidariamente perante o...
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