Acórdão nº 074333 de Supremo Tribunal de Justiça (Portugal), 02 de Abril de 1987
Data | 02 Abril 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART500 ART503 N3 ART506 N1.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1985/12/17 IN BMJ N352 PAG329.
Sumário : I - A tese do Assento do Supremo Tribunal de Justiça de 14 de Abril de 1983 significa que a responsabilidade do condutor por conta de outrem, quando se não prove a sua falta de culpa, cobre todos os danos consequentes, num puro nexo causal, do acidente, não estando balizada pelos limites do artigo 508 do Codigo Civil, o qual so e aplicavel se não existirem culpados - culpa efectiva ou presumida - no ambito da mera responsabilidade pelo risco. II - Portanto, havendo culpa, provada ou presumida, do condutor por conta de outrem, havera responsabilidade solidaria, sem os aludidos limites, perante o terceiro lesado, do condutor e do detentor do veiculo. III - A doutrina do assento citado abrange a colisão de veiculos a que alude o artigo 506 do Codigo Civil...
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