Acórdão nº 073589 de Supremo Tribunal Administrativo (Portugal), 05 de Fevereiro de 1987 (caso None)
Data | 05 Fevereiro 1987 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART12 N1 ART13 N1 ART483 N1 ART496 N3 ART500 N1 N2 ART503 N1 N3 ART564 N1 ART566 N2 ART805 ART998. CPC67 ART4 N2 B ART272 ART273 ART498 N4. DL 262/83 DE 1983/06/16.
JurisprudÍncia Nacional: AC STJ DE 1968/01/12 IN BMJ N173 PAG291.
Sum·rio : I - Para que possa falar-se em alteraÁ„o da causa de pedir e necessario que os factos da vida real alegados para seu suporte sejam substituidos ou aditados de outros, n„o constituindo alteraÁ„o a circunstancia de juridicamente terem sido qualificados de modo diverso os mesmos factos. II - O comodatario, como detentor do veiculo, embora temporariamente, tem a direcÁ„o efectiva dele, dai a sua responsabilidade, quer a cedencia tenha sido feita - o que por via de regra so sucede em cedencias de longa duraÁ„o - ou n„o com o encargo de cuidar da conservaÁ„o e do bom funcionamento do veiculo. III - O comodatario que usufrui das vantagens da utilizaÁ„o do veiculo, conduzido por outrem por conta e no interesse daquele, responde como comitente pelos danos causados pelo...
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