Acórdão nº 9731168 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1998
| Data | 22 Janeiro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC CIV.
Legislação Nacional: CE54 ART17 N3. RCE54 ART14 N1. CE94 ART55 N3 N4. CCIV66 ART9 N3 ART342 N1 ART349 ART351 ART504 N2. DL 194/92 DE 1992/09/08 ART2 N1 N2.
Jurisprudência Nacional: AC RC DE 1995/11/21 IN CJ T5 ANOXX PAG40. AC STJ DE 1992/01/29 IN AD N373 PAG117. AC STJ DE 1994/05/26 IN BMJ N437 PAG49. AC RP DE 1995/10/10 IN CJ T4 ANOXX PAG254. AC RL DE 1996/05/02 IN CJ T3 ANOXXI PAG82.
Sumário: I - O simples facto de se demonstrar que num veículo com lotação para cinco pessoas eram transportadas seis, não é suficiente para excluir a responsabilidade da seguradora pelos danos causados, nos termos do artigo 7 n.3 alínea d) do Decreto-Lei n.522/85 ( redacção anterior do...
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