Acórdão nº 068621 de Supremo Tribunal de Justiça (Portugal), 15 de Outubro de 1980 (caso NULL)
| Magistrado Responsável | CAMPOS COSTA |
| Data da Resolução | 15 de Outubro de 1980 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO103 PAG172 ANO109 PAG112. A VARELA OBG 2ED VOLI PAG560 E 769.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART494.
Sumário : I - Embora se aceitando a aplicação do disposto no artigo 494 do Código Civil aos acidentes de viação, ele só funciona, isto é, só é permitida a fixação de uma indemnização inferior ao valor do dano, desde que o grau de culpabilidade do agente, a situação económica deste e do lesado e as demais circunstâncias do caso o justificarem. II - Sendo grave o grau de culpabilidade do condutor por ter invadido a faixa contrária, indo colidir com o velocípede e causando a morte do condutor e de dois filhos menores, não tem aplicação o...
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