Acórdão nº 9730222 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1997
Magistrado Responsável | GONÇALVES FERREIRA |
Data da Resolução | 02 de Dezembro de 1997 |
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: CCIV66 ART483 N1 ART503 N1 N3 ART508 N1.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302.
Sumário: I - A propriedade de um veículo faz presumir a direcção efectiva deste e a sua utilização no interesse do dono. II - É pressuposto da presunção de culpa afirmada na primeira parte do n.3 do artigo 503 do Código Civil, a demonstração da existência de uma relação de comissão entre o dono do veículo e o condutor do mesmo. III - Sabendo-se apenas que o veículo automóvel transitava na hemi-faixa de rodagem que lhe competia e a velocidade que não excedia o limite máximo estabelecido e que o peão foi colhido na faixa do ligeiro, quando efectuava a travessia da rua, não pode atribuir-se a culpa efectiva a qualquer dos intervenientes. IV - Tendo ocorrido a morte de uma pessoa em consequência de atropelamento, dano que emerge do risco inerente...
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