Acórdão nº 0310308 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1991
| Magistrado Responsável | ARAGÃO SEIA |
| Data da Resolução | 10 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N2 ART503 N1 N3 ART506 N1 N2 ART1122 ART1123.
Jurisprudência Nacional: ASS STJ DE 1983/03/14. AC STJ DE 1975/11/25 IN BMJ N251 PAG167. AC STJ DE 1975/06/11 IN BMJ N248 PAG406. AC STJ DE 1983/10/26 IN BMJ N330 PAG541. AC RC DE 1985/02/21 IN CJ ANOV T1 PAG76.
Sumário: I - Por ser normal o proprietário de um veículo ter a sua direcção efectiva e o seu uso interessado, incumbe-lhe ( ou à sua seguradora ) fazer a prova do facto contrário, impeditivo do direito contra ele invocado. II - Para que haja comissão é necessário que o comissário tenha sido escolhido pelo comitente e que o facto danoso haja sido praticado no exercício da função àquele confiada, sendo suficiente para caracterizar este vínculo que o facto esteja devidamente relacionado com o serviço executado. III - Em tese geral, pode dizer-se que os veículos ligeiros, como as bicicletas, as bicicletas motorizadas, os motociclos, são...
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