Acórdão nº 068256 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1980 (caso NULL)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 17 de Janeiro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: CIT VAZ SERRA RLJ ANO111 PAG22 - ANO98 PAG310 - BMJ N85 PAG427 - N84 PAG229. MARIO BRITO COD CIV ANOT VII PAG178.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART124 ART491 ART1879. CE54 ART1 ART38 ART47 N1 A.
Jurisprudência Nacional: AC STJ DE 1977/02/08 IN BMJ N264 PAG154. AC STJ DE 1978/03/02 IN BMJ N275 PAG170. AC STJ DE 1978/07/11 IN BMJ N279 PAG141. AC STJ DE 1979/02/13 IN BMJ N284 PAG187.
Sumário : I - A responsabilidade advinda da culpa "in vigilando" tem de ser analisada relativamente a todo o condicionalismo educativo antecedente ao facto causador do dano de que ele procede, não podendo restringir-se as simples circunstancias do momento em que tal facto ocorre. II - A falta de vigilancia dos pais da vitima de um acidente de viação tem de estar em relação de causalidade com o dano para haver responsabilidade. III - Esta ultima responsabilidade tem de ser provada positivamente dado que lhe não aproveita a presunção de...
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