Acórdão nº 068878 de Supremo Tribunal Administrativo (Portugal), 07 de Junho de 1983 (caso None)
Magistrado Responsável | ABEL CAMPOS |
Data da Resolução | 07 de Junho de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART272 ART273 ART506 N2 ART663 ART710 ART726. CCIV66 ART503 N3 ART507 ART508 N1 ART566 N2 ART569 ART570 N2.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN DR IS 1983/06/28. AC STJ DE 1972/12/22 IN BMJ N222 PAG367. AC STJ DE 1977/05/10 IN BMJ N267 PAG144. AC STJ DE 1978/04/06 IN BMJ N276 PAG241. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1980/02/28 IN BMJ N294 PAG283. AC STJ DE 1981/05/19 IN BMJ N307 PAG242.
Sumário : I - Em acção cível emergente de acidente de viação, é admissível a ampliação do pedido até ao encerramento da discussão em 1. instância, se não há alteração da causa de pedir e unicamente a valorou para mais as suas consequências, de harmonia com o parecer dos peritos que criteriaram em exame médico do autor. II - Na sua primeira parte, o n. 3 do artigo 503 do Código Civil estabelece uma presunção de culpa do condutor do veículo por conta de outrém pelos danos que causou, aplicável nas relações entre ele como lesante e o titular ou titulares do direito a indemnização (assento de 14 de de 1983). III - Respondendo o condutor por culpa, está fora de causa o recurso à disposição do n. 1 do artigo 508 do Código Civil, expressamente limitados ao caso de não haver culpa do responsável. IV - Tratando-se da responsabilidade solidária, o dono e a seguradora do veículo causador do...
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