Acórdão nº 080205 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1991
| Data | 07 Março 1991 |
| 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 CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART10 N2 ART59. CCIV66 ART494 ART496 N3.
Sumário : I - Deve-se a culpa grave o acidente em que, para alem da responsabilidade exclusiva do condutor, e violado grosseiramente o disposto no artigo 10, n. 2, do Codigo da Estrada. II - A intensidade da culpa (resultante de ausencia de cuidado numa ultrapassagem) afecta a aplicabilidade do artigo 494 do Codigo Civil e pesa na apreciação da responsabilidade indemnizatoria e na ressarcibilidade dos danos não patrimoniais - artigo 496, n. 3, do Codigo Civil.
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