Acórdão nº 073500 de Supremo Tribunal de Justiça (Portugal), 27 de Maio de 1986
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 27 de Maio de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: MOITINHO DE ALMEIDA IN CONTRATO DE SEGURO PAG220. DARIO MARTINS DE ALMEIDA IN MANUAL DOS ACIDENTES DE VIAÇÃO PAG449.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS. DIR COM.
Legislação Nacional: CE54 ART7 B N2 ART10 ART11. CCIV66 ART503 N1 ART506 N1. CPC67 ART712 N1 A. CCOM888 ART441. L 1942 DE 1936/03/27 ART7. L 2127 DE 1965/08/03 BXXXVII N1 N4.
Jurisprudência Nacional: AC STJ DE 1976/07/12 IN BMJ N286 PAG298. AC STJ DE 1966/04/22 IN BMJ N156 PAG363.
Sumário : I - Por falta de factos provados, não sendo possivel atribuir a culpa do acidente a qualquer dos condutores, a hipotese reconduz-se a preconizada nos artigos 503, n. 1 e 506, n. 1 do Codigo Civil que, apoiando-se no risco, manda repartir a responsabilidade na proporção em que os riscos de cada um dos veiculos houver contribuido. II - A Relação estara impossibilitada de recorrer ao disposto na alinea a) do n. 1 do artigo 712 do Codigo de Processo Civil para alterar as respostas que o Tribunal...
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