Acórdão nº 9450502 de Court of Appeal of Porto (Portugal), 30 de Novembro de 1994
| Data | 30 Novembro 1994 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART7 ART40 N4. CCIV66 ART483 ART487 N1 ART503 N1 ART505.
Jurisprudência Nacional: ASS STJ DE 1979/11/21 IN BMJ N291 PAG285. AC STJ DE 1982/10/14 IN BMJ N320 PAG422. AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1987/01/06 IN BMJ N363 PAG488. AC STJ DE 1979/02/08 IN BMJ N284 PAG166. AC STJ DE 1980/01/17 IN BMJ N293 PAG297. AC STJ DE 1966/10/12 IN BMJ N160 PAG173. AC RL DE 1968/12/18 IN BMJ N182 PAG360. AC STJ DE 1970/12/11 IN BMJ N202 PAG190.
Sumário: I - Em matéria de responsabilidade civil, resultante de acidente de trânsito, cujo dano foi provocado por inobservância das regras legais de trânsito, existe uma presunção " juris tantum " de culpa contra o respectivo infractor, cabendo a este o ónus de ilidi-la. II - O conceito de velocidade excessiva é um conceito relativo que terá que ser determinado de acordo com as circunstâncias de cada caso. III - A regra de que o condutor deve adoptar velocidade que lhe permita parar o...
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