Acórdão nº 071907 de Supremo Tribunal Administrativo (Portugal), 05 de Julho de 1984 (caso None)
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 05 de Julho de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART8 N2 ART437 ART503 N3 ART506 N1 ART551 ART566 N2 ART567 ART663 N1 ART1104 ART2012 ART2029 N3 ART2109 N3. CPC67 ART514 N1. CCJ62 ART13 N1.
Jurisprudência Nacional: AC STJ DE 1978/10/17 IN BMJ N280 PAG266 IN RLJ ANO112 PAG114. AC STJ DE 1979/12/19 IN BMJ N292 PAG361. AC STJ DE 1983/07/07 IN BMJ N329 PAG535. AC STJ PROC68960 DE 1984/01/12. AC STJ DE 1983/01/25 IN BMJ N323 PAG 385. AC STJ DE 1979/05/22 IN BMJ N237 PAG292. AC STJ DE 1980/02/05 IN BMJ N294 PAG298. ASS STJ DE 1983/06/28 IN BMJ N326 PAG302.
Sumário : I - Visto o preceituado no artigo 506, n. 1 do Código Civil, o Estado, responde na medida da responsabilidade do comissário pelos danos por ele causados, ao serviço das Forças Armadas, ao lesado, em acidente de viação. II - É de admitir a actualização nas indemnizações por acidente de viação, sempre que se trate de indemnização em dinheiro, de obrigação pecuniária. III - Se bem que a desvalorização da moeda por redução do seu poder de compra, seja um facto notório, que não carece de alegação e prova, nos termos do artigo 514, n. 1, do Código de Processo Civil, a verdade é que se deve ter presente o estatuído nos artigos 566, n. 2 e 663, n. 1 do Código Civil. IV - A presunção de culpa do comissário - artigo 503, n. 3 do Código Civil - é de aplicar nas relações entre ele, como lesante, e o titular...
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