Acórdão nº 9720208 de Court of Appeal of Porto (Portugal), 17 de Junho de 1997
| Magistrado Responsável | EMIDIO COSTA |
| Data da Resolução | 17 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART342 N1 ART483 N1 ART503 N3 ART506.
Jurisprudência Nacional: ASS STJ 1/93 DE 1983/04/14. AC STJ DE 1985/02/17 IN RLJ ANO124 PAG279. AC RL DE 1994/12/15 IN CJ T5 ANOXIX PAG127. AC RP DE 1995/02/20 IN CJ T1 ANOXX PAG225.
Sumário: I - A relação de comissão pressupõe que entre o comitente e o comissário exista uma relação de subordinação ou dependência ainda que ocasional ou transitória. A existência daquela relação é um elemento constitutivo do crédito indemnizatório fundado na culpa presumida, nos termos do artigo 503 n.3 do Código Civil, incumbindo ao respectivo credor o ónus da respectiva alegação e prova. II - Tendo colidido o veículo automóvel do autor do pedido de indemnização que na altura o conduzia, com um tractor agrícola conduzido pelo filho do proprietário do...
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