Acórdão nº 074964 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1987
| Data | 30 Junho 1987 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV / TEORIA GERAL.
Legislação Nacional: CCIV66 ART344 ART487 N1 ART503 N3 ART508. CPC67 ART728 N3.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302. AC STJ DE 1977/11/24 IN BMJ N271 PAG229.
Sumário : I - O condutor por conta doutrem tem o onus de provar que não teve culpa no acidenta de viação. II - O n. 3 do artigo 503 do Codigo Civil estabelece uma presunção legal de culpa. III - No caso de acidente provocado pelo condutor por conta doutrem, o lesado pode invocar a culpa presumida daquele considerando-se o condutor comissario presumido culpado desde que não se prove a sua falta de culpa. IV _ Existindo culpa presumida, tanto o comissario como o comitente respondem solidariamente perante o...
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