Acórdão nº 073378 de Supremo Tribunal de Justiça (Portugal), 06 de Maio de 1986 (caso NULL)
Data | 06 Maio 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART483 ART503 N3 ART506 N1 ART508. CPC67 ART728 N3.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG307. AC STJ DE 1983/07/07 IN BMJ N329 PAG535. AC STJ DE 1984/01/12 IN BMJ N333 PAG413. AC STJ DE 1984/06/27 IN BMJ N338 PAG402. AC STJ DE 1984/07/17 IN BMJ N339 PAG338. AC STJ DE 1985/12/17 IN BMJ N352 PAG329.
Sumário : I - A primeira parte do n. 3 do artigo 503 do Codigo Civil, estabelece uma presunção de culpa do condutor do veiculo por conta de outrem pelos danos que causar, aplicavel nas relações entre ele, como lesante, e o titular ou titulares do direito de indemnização - doutrina fixada pelo assento do Supremo Tribunal de Justiça, de 14 de Abril de 1983. II - Embora fosse produzida posteriormente jurisprudencia contraditoria relativamente ao campo de aplicação do assento, certo e tambem ter sido fixado por acordão do Supremo Tribunal de Justiça, de 17 de Dezembro de 1985, proferido em reunião conjunta das duas secções civeis, para assegurar a uniformidade da jurisprudencia, nos termos do artigo 728, n. 3, do Codigo de Processo Civil, que "a doutrina firmada pelo assento abrange necessariamente a aplicação da presunção legal estabelecida na primeira parte do n. 3 do...
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