Acórdão nº 074503 de Supremo Tribunal de Justiça (Portugal), 19 de Fevereiro de 1987 (caso NULL)
Magistrado Responsável | ALMEIDA RIBEIRO |
Data da Resolução | 19 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: BAPTISTA MACHADO IN SOBRE A APLICAÇÃO NO TEMPO DO NOVO CODIGO CIVIL PAG286.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART12 N1 ART503 ART506 ART570 ART605 N3 ART805 N3. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1985/02/21 IN BMJ N344 PAG427.
Sumário : I - E aplicavel ao disposto no artigo 506 do Codigo Civil a interpretação dada ao artigo 503, n. 3, primeira parte, deste diploma legal, pelo assento de 14 de Abril de 1983, do Supremo Tribunal de Justiça, pelo que as referencias feitas naquele artigo 506 a culpa abrangem não apenas a culpa efectiva ou comprovada mas tambem a culpa legalmente presumida. II - Presumindo-se que houve culpa do condutor-comissario no acidente, ele responde pelos danos ao lesado, sem qualquer redução, so permitida, face ao artigo 570 do Codigo Civil, se "um facto culposo do lesado tiver...
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