Acórdão nº 9120019 de Court of Appeal of Porto (Portugal), 25 de Fevereiro de 1992
| Magistrado Responsável | SOARES DE ALMEIDA |
| Data da Resolução | 25 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART503 N3 ART570 N2. CE54 ART14 ART7 N1.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN DR IS DE 1983/06/28.
Sumário: I - O preceituado no artigo 570, nº 2 do Código Civil exclui a possibilidade de concorrência entre a culpa do lesado e a culpa simplesmente presumida do lesante. II - Assim, tendo sucedido que o veículo conduzido por condutor por conta e sob as ordens de outrém, seu dono, após ter embatido contra um talude que a margina, se imobilizou na estrada, contra a vontade do condutor, à saída de uma curva, ocupando a faixa de rodagem respectiva, e foi embatido por outro que seguia no mesmo sentido, depois de percorrer extensa recta da...
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