Acórdão nº 065427 de Supremo Tribunal de Justiça (Portugal), 07 de Fevereiro de 1975
Magistrado Responsável | ALBUQUERQUE BETTENCOURT |
Data da Resolução | 07 de Fevereiro de 1975 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: PIRES DE LIMA E A VARELA IN CODIGO ANOTADO V1 PAG342 PAG350.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART199 ART202 ART325 N1 ART330 C. CCIV ART483 ART497 ART500 ART503 N1 N3 ART507. CCIV867 ART754. CE54 ART68 N4. CPP29 ART153.
Jurisprudência Nacional: AC STJ DE 1969/07/01 IN BMJ N189 PAG221. AC STJ DE 1972/03/24 IN BMJ N215 PAG198. AC STJ DE 1969/04/25 IN BMJ N186 PAG198. AC RL DE 1959/01/30 IN JR ANO5 PAG36.
Sumário : I - O chamamento a autoria destina-se a libertação da responsabilidade civil por parte de quem e accionado, pressupondo, portanto, que este sempre teria direito de regresso pela totalidade do que viesse a ter de pagar se não usasse desse incidente, enquanto o chamamento a demanda visa a trazer ao processo responsaveis solidarios, pressupondo, portanto, que o accionado não teria o direito de regresso pela totalidade mas apenas pela sua quarta parte na responsabilidade. II - Havendo colisão de dois veiculos com danos para terceiro a sentença penal...
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