Acórdão nº 0225399 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1991
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 22 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART487 N2 ART503 N3 ART506 ART350 ART342 N1 ART497 ART570. CE54 ART11 ART10 N3.
Jurisprudência Nacional: AC STJ DE 1987/02/19 IN BMJ N364 PAG845. AC STJ DE 1986/02/04 IN BMJ N354 PAG502. AC STJ DE 1985/12/17 IN BMJ N352 PAG329.
Sumário: I - É devida à culpa de ambos os condutores o acidente em que um veículo automóvel inicia a ultrapassagem de outro que o precede sem avisar o condutor deste de tal manobra e é surpreendido então pela manobra do segundo veículo de mudança de direcção para a esquerda, ocorrendo então o embate. II - O disposto no artigo 506 do Código Civil refere-se não só à culpa efectiva mas também à presumida e o disposto no seu nº 2 aplica-se só quando não seja...
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