Acórdão nº 9120874 de Court of Appeal of Porto (Portugal), 03 de Novembro de 1992
| Magistrado Responsável | GONÇALVES VILAR |
| Data da Resolução | 03 de Novembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART349 ART350 ART351 ART546 N2 ART566 N2 ART805 N3. CPC67 ART712 N2. CE54 ART5 N2 N3 ART61.
Jurisprudência Nacional: AC STJ DE 1979/01/18 IN BMJ N283 PAG275.
Sumário: I - O Tribunal da Relação pode, em recurso, anular a especificação mesmo oficiosamente para ordenar novos quesitos ou reformulá-la. II - Há presunções legais e judiciais mas não existe a categoria de presunção natural no sentido de dispensar a alegação do facto que se entenda nela integrado. III - Não é ilícita a invasão por um veículo automóvel da berma da estrada por onde circule para evitar qualquer sinistro desde que de tal não advenha perigo de acidente. IV - A circulação de um veículo automóvel na sua mão de trânsito a 20 centímetros do eixo da via deixando...
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