Acórdão nº 9621227 de Court of Appeal of Porto (Portugal), 20 de Maio de 1997
Data | 20 Maio 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART5 N1. CE94 ART13 N1. CCIV66 ART342 N1 ART487 ART496 ART503 ART562 ART564 N1 N2 ART566 N2. L28/84 DE 1984/08/14. DL 59/89 DE 1989/02/22.
Jurisprudência Nacional: ASS STJ DE 1983/04/14. AC STJ DE 1996/04/30 IN DR IIS 1996/06/24. AC STJ DE 1992/02/26 IN BMJ N414 PAG533. AC STJ DE 1977/05/10 IN BMJ N267 PAG144. AC STJ DE 1979/06/09 IN BMJ N283 PAG260. AC STJ DE 1981/05/19 IN BMJ N307 PAG242. AC STJ DE 1992/11/17 IN BMJ N421 PAG415. AC STJ DE 1993/03/31 IN BMJ N425 PAG544. AC STJ DE 1993/12/09 IN BMJ N432 PAG354. AC STJ DE 1992/10/25 IN BMJ N420 PAG556. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. AC STJ DE 1986/ 05/15 IN BMJ N357 PAG412.
Sumário: I - Aquele que invoca determinado direito tem de provar os factos que normalmente o integram; a parte contrária terá de provar, por seu turno, os factos anormais que excluem ou impedem a eficácia dos elementos constitutivos. II - É de atribuir a culpa do acidente ao condutor do veículo automóvel que, tendo invadido a hemi-faixa de rodagem contrária àquela em que seguia, veio embater frontalmente em outro automóvel que circulava em sentido contrário, por essa hemi-faixa, nada se tendo provado que justificasse a circulação do primeiro veículo pela esquerda da sua faixa de rodagem no momento do acidente, sendo certo que é regra geral que o trânsito de veículos é pela direita da faixa de rodagem. III - De acordo com os...
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