Acórdão nº 081804 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1992
Magistrado Responsável | BALTAZAR COELHO |
Data da Resolução | 26 de Fevereiro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART145 N3 ART153 ART302 ART303 ART629 N1 A ART631 N2 ART731. CCIV66 ART342 ART487 N1 ART493 N2. CE54 ART5 N2. L 7/70 DE 1970/06/09 BVII N1. D 562/70 DE 1970/11/18 ART1 N1 ART11 N2. DL 387-B/87 DE 1987/12/29 ART21 ART40.
Jurisprudência Nacional: AC STJ DE 1981/04/11 IN BMJ N307 PAG191. AC STJ DE 1970/01/08 IN BMJ N193 PAG326. AC STJ DE 1974/05/28 IN BMJ N237 PAG231. AC STJ DE 1981/05/14 IN BMJ N307 PAG191. AC STJ DE 1982/10/14 IN BMJ N320 PAG422. AC STJ DE 1984/07/05 IN BMJ N339 PAG364. AC STJ DE 1987/01/06 IN BMJ N363 PAG488.
Sumário : I - No caso de falecimento de uma testemunha depois de oferecida a parte, segundo o disposto na alínea a) do n. 1 do artigo 629 do Código de Processo Civil, tem a faculdade de a substituir, devendo, porém, fazê-lo no prazo legal de cinco dias estabelecido no artigo 153, dada a preclusão estabelecida no n. 3 do artigo 145, ambos do Código de Processo Civil. II - Nos termos do Assento do Supremo Tribunal Justiça de 21 de Janeiro de 1979, o disposto no artigo 493, n. 2 do Código Civil, não tem aplicação em matéria de acidentes de circulação terrestres, dado que a condução automóvel não é considerada perigosa para fazer presumir a culpa em quem a exerce. III - O lesado satisfaz o ónus da prova da culpa nos acidentes de viação se demonstrou ter o lesante praticado voluntariamente actos integradores de negligência simples - omissão dos deveres normais e gerais de diligência - ou de negligência presumida - violação de...
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