Acórdão nº 069790 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1982
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 23 de Março de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO101 PÁG281 E OBG VOLI 2ED PÁG764 RT ANO86 PÁG668.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART503 ART506 ART666 N2 ART783.
Jurisprudência Nacional: AC STJ DE 1979/04/06 IN BMJ N276 PAG241. AC STJ DE 1977/07/21 IN BMJ N269 PAG140.
Sumário : I - Na colisão de dois veículos automóveis de passageiros com os lados esquerdos das frentes e tendo-se só provado a situação destes depois da colisão e não o local da estrada onde esta se deu, não pode imputar-se a culpa a qualquer dos condutores e, apenas responsabilizá-los igualmente pelo risco. II - Os danos patrimoniais só podem ser atendidos desde que provados, pelo que não pode tomar-se em conta, sem que essa prova seja feita, o pagamento da recolha do carro na oficina onde foi reparado, nem que o veículo, após a reparação, tenha ficado desvalorizado, bem como as despesas de deslocação na totalidade, pois havia que descontar, quanto a estas, como se descontou, o que gastaria se utilizasse o seu carro. III - O artigo 506 do Código Civil, como se tem entendido, é aplicável não só aos danos sofridos pelos veículos entre os quais se dá a colisão, mas também a quaisquer outros. IV - A paralização do veículo resultante do acidente, só deve ser considerada pelo tempo normalmente necessário para a...
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