Acórdão nº 074462 de Supremo Tribunal Administrativo (Portugal), 31 de Março de 1987 (caso None)
Data | 31 Março 1987 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: CIT A VARELA OUTROS MANUAL PROC CIV 2ED PAG445 - PAG500. O MATOS COD EST 3ED PAG28.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART487 N1 ART508 N1. DL 190/85 DE 1985/06/24.
Jurisprudência Nacional: AC STJ DE 1977/06/08 IN BMJ N268 PAG218.
Sumário : I - Para se decidir sobre a responsabilidade em acidente de transito, não e suficiente afirmar não existir qualquer presunção legal, importando demonstrar essa inexistencia, que se não avalia pela simples leitura das regras legais sobre responsabilidade civil emergente do facto ilicito. E exigivel ter em conta que existe um direito probatorio material, direito substantivo, englobando tres areas fundamentais: o onus da prova, a admissibilidade dos meios de prova e a força probatoria de cada um deles. II - Entre os meios de prova admitidos na lei figura a prova por presunção, como tal se considerando a que, partindo de determinado facto, chega por mera dedução a demonstração da realidade de um outro facto. III - Segundo a regra de...
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