Acórdão nº 9630866 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1998
| Data | 14 Dezembro 1998 |
| Órgão | 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 ART493 N2 ART503 N1. CPC67 ART496 ART498. CPP29 ART84.
Jurisprudência Nacional: AC RL DE 1996/10/24 IN CJ T4 ANOXXI PAG141.
Sumário: I - Fazer deslocar por estrada nacional um auto-tanque com gasolina constitui, intrinsecamente, uma actividade perigosa. II - Ocorrendo um acidente, provocado por uma colisão automóvel com o veículo transportador, tal facto não despoleta a aplicação do regime de responsabilidade objectiva do artigo 493 n.2 do Código Civil, nem por isso o acidente deixa de ser um acidente de viação, mas, mesmo que o regime fosse o do citado normativo, o responsável era o transportador, por ser quem exercia...
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