Acórdão nº 0124467 de Court of Appeal of Porto (Portugal), 15 de Abril de 1991
| Magistrado Responsável | ABILIO DE VASCONCELOS |
| Data da Resolução | 15 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: REVOGADA A DECISãO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR ECON - DIR SEG.
Legislação Nacional: CCIV66 ART496 N2 ART503 N1 N2 N3.
Jurisprudência Nacional: ASS DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1984/01/12 IN BMJ N333 PAG413. AC STJ DE 1986/05/06 IN BMJ N357 PAG385. AC RC DE 1986/05/06 IN CJ ANOXI T3 PAG43.
Sumário: 1 - Na falta de prova de factos conclusivos da culpa da vitima e do condutor do veiculo por conta do respectivo proprietario tem de presumir-se a culpa exclusiva do condutor como comissario, nos termos do art. 503, n.3, do Codigo Civil, com a interpretação dada pelo Assento de 14/04/1983, publicado no BMJ n.326, pag.302. 2 - Como e doutrina e jurisprudencia largamente dominantes, a culpa presumida produz os mesmos efeitos da culpa efectiva. 3 - O direito a reparação pela supressão ilicita do direito a vida, o mais...
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