Acórdão nº 063226 de Supremo Tribunal de Justiça (Portugal), 31 de Julho de 1970 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 31 de Julho de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV / TEORIA GERAL.
Legislação Nacional: CE54 ART5 N2 ART40 N1 ART56 N4. CCIV66 ART500 N2 ART503. CCIV867 ART503 ART2380.
Sumário : I - Justifica-se a divisão das culpas, em um terço para o peão e dois terços para o motorista, num acidente causado por o primeiro caminhar voluntariamente pela metade da faixa de rodagem do lado esquerdo, sensivelmente ao meio, em contravenção do disposto no n. 1 do artigo 40 do Codigo da Estrada, e por o motorista conduzir a viatura pela metade esquerda da estrada, considerado o seu sentido de marcha, contra a regra estabelecida no n. 2 do artigo 5 do mesmo diploma. II - Em face do artigo 503 do novo Codigo Civil, o proprietario ou possuidor so e civilmente responsavel, em caso de acidente provocado por um seu veiculo, quando, na ocasião do evento, esse veiculo seja utilizado no seu proprio interesse. III - Tal preceito não e aplicavel a acidentes ocorridos antes da entrada em vigor do diploma. IV - Estando o veiculo em circulação com a anuencia do seu proprietario, a responsabilidade deste não e excluida pelo facto de o respectivo condutor desrespeitar as instruções recebidas. V -...
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