Acórdão nº 0124330 de Court of Appeal of Porto (Portugal), 24 de Outubro de 1990
| Magistrado Responsável | LUIS VALE |
| Data da Resolução | 24 de Outubro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CCIV66 ART483 ART503 N1. DL 190/85 DE 1985/06/24. L 82/77 DE 1977/12/06 ART20 N1.
Jurisprudência Nacional: AC STJ DE 1971/09/17 IN BMJ N205 PAG150. AC STJ DE 1974/01/16 IN BMJ N233 PAG55.
Sumário: I - Ignorando-se se o réu ou a vítima actuaram com qualquer culpa na ocorrência de um acidente de viação, e conduzindo o réu o veículo no seu próprio interesse e de que era proprietário, verifica-se que existe da sua parte obrigação de indemnizar, com base na responsabilidade objectiva ou pelo risco - artigo 503, número 1 do Código Civil e artigo 483, idem. II - O limite máximo desta indemnização - artigo 508 do Código Civil - na redacção do Decreto-Lei número 190/85 de 24 de Junho, no caso de morte de uma pessoa, corresponde ao dobro da alçada da Relação, ou seja, o montante de 800 contos, uma...
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