Acórdão nº 9620006 de Court of Appeal of Porto (Portugal), 04 de Junho de 1996
Magistrado Responsável | CANDIDO DE LEMOS |
Data da Resolução | 04 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART5 N2 N5 ART7 N2 ART805 N1 N3. CCIV66 ART562 ART566 N1 N2 N3.
Jurisprudência Nacional: AC RP DE 1982/02/02 IN BMJ N314 PAG370. AC STJ DE 1993/05/26 IN CJSTJ T1 ANOI PAG130. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1993/02/04 IN CJSTJ T1 ANOI PAG128. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86. AC RC DE 1995/04/04 IN CJ T2 ANOXX PAG 23. AC STJ DE 1995/02/14 IN CJSTJ T1 ANOIII PAG79. AC STJ DE 1994/05/12 IN CJSTJ T2 ANOII PAG98. AC STJ DE 1993/01/14 IN CJSTJ T1 ANOI PAG93.
Sumário: I - Integra violação do disposto no artigo 5 n.5 II parte do Código da Estrada, a manobra efectuada com um tractor de ocupar a faixa esquerda da estreita via em que circulava, a cerca de 20 a 25 metros de uma curva fechada para a esquerda, ocasionando o embate com um motociclo que circulava a um metro da berma direita respectiva em sentido oposto, ocorrendo, assim, a culpa do condutor do tractor, visto que, no domínio da responsabilidade extracontratual, o nosso sistema jurídico consagra a culpa em abstracto. II - Na ocorrência vasada no número...
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