Acórdão nº 070040 de Supremo Tribunal de Justiça (Portugal), 08 de Julho de 1982
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 08 de Julho de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CE54 ART5 N2 ART7 N2 G. CCIV66 ART503 N1 N3 ART505 ART570 N2. CPC67 ART712 N2.
Jurisprudência Nacional: ASS STJ DE 1944/07/28 IN BOL OF ANO4 PAG387 IN DG IS 1944/08/22.
Sumário : I - Baseando-se a responsabilidade numa simples presunção de culpa (artigo 503, n. 3 do Código Civil), a culpa do lesado exclui o dever de indemnizar (artigo 570, n. 2 do mesmo Código). II - Também a responsabilidade pelo risco (artigo 503, n. 1) é excluida quando o acidente causado por veículo for imputável ao próprio lesado (artigo 505 daquele diploma). III - Havendo um culpado, em confronto com um responsável a título de risco, os danos sofridos são reparados ou suportados apenas pelo primeiro. IV - O Supremo Tribunal de Justiça...
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