Acórdão nº 9810453 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1998 (caso None)
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 17 de Junho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: DL 408/79 DE 1979/09/25 ART18 N2. DL 522/85 DE 1985/12/31 ART21 N1 N2 ART23 ART29 N1 A. DL 522/85 DE 1985/12/31 ART6 N1 NA REDACÇÃO DO DL 394/87 DE 1987/12/31. CCIV66 ART342 N1 N2 ART483 N1. CPC67 ART661 N1.
Jurisprudência Nacional: AC RE DE 1974/10/30 IN BMJ N241 PAG357. AC STJ DE 1975/11/18 IN BMJ N251 PAG107.
Sumário: I - O condutor de veículo automóvel que não estava coberto por qualquer seguro, que deu causa por culpa sua a um acidente de viação, é responsável pela satisfação da indemnização devida aos lesados, em solidariedade com o Fundo de Garantia Automóvel ( F.G.A. ), na parte limitada por lei; quanto ao excedente é responsável em exclusividade. II - Atento o disposto no artigo 6 n.1 do Decreto-Lei n.522/85, de 31 de Dezembro, na redacção do Decreto-Lei n.394/87, de 31 de Dezembro ( vigente à data dos factos ), o limite indemnizatório a pagar pelo Fundo de Garantia Automóvel era de 20000 contos por coexistirem vários lesados, e se o valor total dos danos for superior, esta quantia terá que ser rateada em proporção dos direitos de cada um, não se aplicando neste caso o limite de 12000 por...
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