Acórdão nº 9731234 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1998 (caso None)
| Data | 23 Abril 1998 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART509.
Jurisprudência Nacional: AC RC DE 1984/05/15 IN CJ T3 ANOIX PAG142. AC RC DE 1991/01/15 IN CJ T1 ANOXVI PAG47.
Sumário: I - O artigo 509 do Código Civil prevê um novo caso de responsabilidade objectiva. II - Para afastar a aplicação daquele preceito compete ao réu demonstrar a culpa do lesado. III - Para o réu poder afastar a responsabilidade pelo risco devia ter invocado e demonstrado a ocorrência de uma causa de força maior e, no mínimo, devia ter demonstrado que ao tempo...
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