Acórdão nº 0040033 de Supremo Tribunal Administrativo (Portugal), 14 de Janeiro de 1998 (caso None)
| Magistrado Responsável | ARMINDO MONTEIRO |
| Data da Resolução | 14 de Janeiro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR RESP CIV.
Legislação Nacional: CCIV66 ART502 ART505.
Jurisprudência Nacional: AC RP DE 1978/11/28 IN CJ ANOIII TV PAG1626.
Sumário: I - A exclusão da responsabilidade por culpa do lesado, prevista no art. 505 do CC, está também implícita no art. 502 (danos causados por animais) dada a razão de ser daquela exclusão e dado que a mesma também resulta da problemática ligada ao nexo de causalidade. II - No caso, é pertinente usar a interpretação extensiva para fixar o sentido e alcance da lei, estendendo- -se aquele regime de exclusão da responsabilidade aos danos provindos de animais, pois não se compreenderia que se tratasse de forma mais benévola os casos de acidentes de viação, os utentes das viaturas e não já os donos dos animais, quando são as viaturas automóveis que originam danos de maior monta quando em comparação com os...
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