Acórdão nº 074809 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
| Magistrado Responsável | SOARES TOME |
| Data da Resolução | 30 de Junho de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART729 N3. CCIV66 ART497 ART519 ART566 N2.
Sumário : I - Estando demonstrada a culpa do reu no acidente, a autora lesada podia demanda-lo como culpado, mesmo que o condutor do veiculo daquela tambem tivesse culpa no desastre, considerando o regime de solidariedade estabelecido na lei para os prevaricadores. II - Existindo solidariedade, o credor pode demandar qualquer dos devedores. III - Perante uma situação, as pessoas são terceiros se não tiverem participado nela ou se não puderem ser afectadas por ela. IV - Na fixação dos danos patrimoniais, deve atender-se a actualização decorrente da desvalorização da moeda entre o momento limite da sua determinação - data do fim da incapacidade - e o encerramento da discussão na primeira instancia. V - Não tendo o recorrente colocado a Relação o problema da actualização das verbas no tempo...
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