Acórdão nº 9211075 de Court of Appeal of Porto (Portugal), 26 de Outubro de 1993
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 26 de Outubro de 1993 |
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 - RECURSOS.
Legislação Nacional: CPC67 ART667 N1 N2. CCIV66 ART503 N1 N3 ART500 N1 ART508. DL 522/85 DE 1985/12/31 ART8 N1. CE54 ART56 N4.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 N1/83 IN DR DE 1983/06/28 - IN BMJ N326 PAG302. AC STJ DE 1989/02/01 IN CJ ANOXIV T1 PAG6. AC RC DE 1992/01/22 IN CJ ANOXVII T1 PAG106. AC RE DE 1981/07/07 IN BMJ N311 PAG449. AC RL DE 1980/07/15 IN CJ ANOV T4 PAG88. AC RP DE 1979/07/26 IN CJ ANOVII T5 PAG288. AC RP DE 1981/01/05 IN CJ ANOVIII T1 PAG256. AC RL DE 1985/10/15 IN CJ ANOX T4 PAG138.
Sumário: I - O Tribunal da Relação não pode proceder oficiosamente à rectificação de erros materiais de cálculo contidos na sentença recorrida, se os mesmos não foram objecto do recurso. II - A responsabilidade da seguradora de um veículo conduzido por legítimo condutor e detentor do mesmo é, no plano do seguro obrigatório, independente da averiguação da relação entre o segurado e o condutor como de comissão. III - A presunção de que o proprietário do veículo tem a sua direcção efectiva e que a utilização dele se faz no seu próprio interesse esgota-se aí e não fundamenta a de que...
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