Acórdão nº 071999 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1985
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 17 de Dezembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART663 N1 ART712 ART722 N2 ART729 N2 ART770. CCIV66 ART2 ART500 N1 ART503 N3 ART506 N1 N2 ART562 ART566 N2.
Jurisprudência Nacional: ASS STJ DE 1983/04/14.
Sumário : I - Atenta a inversão do onus da prova determinada pelo artigo 503, n. 3, primeira parte, do Codigo Civil, no capitulo da responsabilidade civil emergente dos acidentes de viação, o condutor-comissario presume-se culpado do acidente, se se não provar que não houve culpa da sua parte. II - Nos termos do assento n. 1/83 do Supremo Tribunal de Justiça, de 14 de Abril de 1983, o referido artigo 503, n. 3, primeira parte, ao fixar a responsabilidade civil do condutor do veiculo automovel por conta de outrem, estabelece uma presunção de culpa contra ele, que se aplica as relações que o condutor-comissario, como lesante, estabelece com o titular ou os titulares do direito a indemnização. III - A ratio do referido preceito justifica a sua aplicação nos casos abrangidos pelo artigo 506, tambem do Codigo Civil, pelo que as referencias feitas...
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