Acórdão nº 065782 de Supremo Tribunal Administrativo (Portugal), 05 de Dezembro de 1975 (caso None)
Magistrado Responsável | BOGARIM GUEDES |
Data da Resolução | 05 de Dezembro de 1975 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART646 N3 ART729. CE54 ART10 N2 ART14 N2 A B. CCIV66 ART494.
Jurisprudência Nacional: AC STJ DE 1967/05/30 IN BMJ N167 PAG474. AC STJ DE 1965/06/02 IN BMJ N148 PAG135. AC STJ DE 1970/05/05 IN BMJ N197 PAG274. AC STJ DE 1971/10/15 IN BMJ N210 PAG116. AC STJ DE 1967/06/04 IN BMJ N238 PAG211.
Sumário : I - Averiguar as condições de facto do estacionamento de um veiculo na via publica não diz respeito a quaisquer normais legais, não estando, pois, a resposta a um quesito nesse sentido abrangida pelo n. 3 do artigo 646 do Codigo de Processo Civil. II - Tendo o Tribunal da Relação concluido que, dada a posição na estrada do veiculo estacionado, quem passasse por ele em determinada direcção conduzindo um outro veiculo se veria forçado a penetrar na faixa de rodagem destinada aos que viajassem em sentido contrario, tal conclusão diz respeito a materia de facto, cuja censura não e da competencia do Supremo Tribunal de Justiça. III - O nexo de causalidade entre o estacionamento do veiculo e o acidente, e, portanto, a investigação da causalidade adequada entre tais factos, constitui materia de facto da exclusiva competencia das instancias. IV - E da competencia do Supremo determinar a graduação das culpas no caso de culpas concorrentes em que estejam em...
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