Acórdão nº 067045 de Supremo Tribunal de Justiça (Portugal), 17 de Maio de 1978 (caso NULL)
Data | 17 Maio 1978 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: A VARELA IN DAS OBRIGAÇÕES EM GERAL 2ED V1 PAG435.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CE54 ART7 N1 ART40 N3. CCIV66 ART493 N2 ART496 N2 N3 ART506 N2. CPP29 ART154.
Jurisprudência Nacional: AC STJ DE 1977/10/20 IN BMJ N270 PAG206. AC STJ DE 1971/03/17 IN BMJ N205 PAG150. AC STJ DE 1974/01/23 IN BMJ N237 PAG82. AC STJ DE 1976/12/15 IN BMJ N262 PAG150.
Sumário : I - A conclusão tirada pela Relação de que a vitima, em acidente de viação, teria atravessado a via sem se assegurar previamente de que o poderia fazer sem perigo, constitui um juizo sobre materia de facto, insusceptivel de censura pelo tribunal de revista. II - A absolvição do reu em processo penal em que respondeu como condutor do veiculo atropelante, ilide a presunção de culpa resultante da conclusão como actividade perigosa, presunção essa consagrada no n. 2 do artigo 493 do Codigo Civil. III - A culpa resultante da violação, por parte do condutor, de uma norma do...
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