Acórdão nº 074404 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1987 (caso None)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 23 de Abril de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 ART487 ART505 ART507 ART508.
Sumário : I - A prova de culpa incumbe ao lesado - artigo 487 do Codigo Civil, cabendo ao lesante o onus da prova dos factos impeditivos do direito invocado por aqueles - - artigo 342 do mesmo Codigo. II - Para se determinar a culpa de uma conduta, deve referir-se a mesma pelo conceito social sobre as condições de razoabilidade em que o agente procedeu - circunstancias da pessoa, tempo, modo e lugar, sendo culposa ou negligente quando, segundo o conceito das pessoas medianamente pendentes era razoavel que o individuo procedesse de outro modo; não o sera se usou da conduta que qualquer pessoa medianamente prudente, em condições iguais, usaria. III - A culpa quando se trata da violação dos deveres gerais da diligencia constitui materia de facto, da competencia das instancias; sendo do direito se se filia na violação do preceito legal ou...
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