Acórdão nº 075191 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1987
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 26 de Novembro de 1987 |
Emissor | Supremo Tribunal de Justiça (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: CPC67 ART722 N2 ART729 N2. CCIV66 ART350 ART503 N1 N3 ART506 N1.
Jurisprudência Nacional: AC STJ DE 1985/12/17 IN BMJ N352 PAG329. ASS STJ 1/83 DE 1983/04/14 IN DR IS 1983/06/28 IN BMJ N326 PAG302.
Sumário : I - A primeira parte do n. 3 do artigo 503 do Codigo Civil, estabelece uma presunção de culpa do condutor do veiculo por conta de outrem pelos danos que causar, aplicavel nas relações entre ele como lesante e o titular ou titulares do direito a indemnização. II - Trata-se de presunção "juris tantum" que, não sendo ilidida mediante prova em contrario, conduz a prova do facto presumido (artigo 350 do Codigo Civil). III - A circunstancia de o acidente ter consistido em colisão de veiculos não afecta a responsabilidade da re perante o...
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