Acórdão nº 0013868 de Court of Appeal of Porto (Portugal), 02 de Maio de 1978
Magistrado Responsável | SANTOS CARVALHO |
Data da Resolução | 02 de Maio de 1978 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART493 N2 ART496 ART503 N3. CPP29 ART154. CP886 ART51. L 1942 DE 1936/07/27 ART7. L 2127 DE 1965/08/03 BASE XXXVII.
Jurisprudência Nacional: AC STJ DE 1976/02/03 IN BMJ N254 PAG180. AC STJ DE 1971/03/17 IV BMJ N205 PAG150. AC STJ DE 1976/12/15 IN BMJ N262 PAG150. AC RC DE 1973/10/30 IN BMJ N232 PAG174.
Sumário: I - A previsibilidade, por parte do condutor do veículo, do estado escorregadio do piso da estrada, no local do acidente, não é facto que ao Tribunal Colectivo fosse possível apreender directamente, só podendo deduzir-se de factos objectivos ou subjectivos concretos e directamente apreensíveis. II - A presunção legal de culpa, estabelecida no art. 503, n. 3 do Código Civil, isenta os lesados da obrigação, que lhes impõe o preceito do artigo 487, n. 1 do mesmo Código, de provar a culpa do autor da lesão. III - A presunção estabelecida no artigo 154 do Código Processo Penal não afasta, nem pretere, a da lei civil - artigo 503, n. 3 citado -, dado o disposto no artigo 51 do Código Penal. IV - À responsabilidade do comissário fundada na culpa, ainda que presumida, acresce a do comitente, baseada no risco. V - A lesão do...
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