Acórdão nº 9510552 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1995
| Magistrado Responsável | EMIDIO TEIXEIRA |
| Data da Resolução | 11 de Outubro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART487 ART500 N1 ART503 N3 ART506 ART508.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN DR IS 1983/06/28. AC STJ DE 1991/01/07 IN BMJ N403 PAG393. AC RP DE 1978/04/04 IN CJ ANOIII PAG656.
Sumário: I - A responsabilidade civil a que se refere o n. 3 do artigo 503 do Código Civil só existe quando o condutor conduz o veículo por conta de outrem e não simplesmente quando o veículo é de outra pessoa. Aquele preceito legal exige uma relação de comissão que depende de alegação e prova e só ela é determinante da responsabilidade baseada na culpa do condutor e extensível ao comitente por aplicação do n. 1 do artigo 500 do mesmo Código. II - O limite prescrito no artigo 508 do Código Civil é um limite...
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