Acórdão nº 082372 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1993
Data | 27 Janeiro 1993 |
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. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N1 ART503 N1 ART562 ART566 N2 N3.
Jurisprudência Nacional: AC STJ DE 1979/07/12 IN BMJ N289 PAG298. AC STJ DE 1980/05/06 IN BMJ N295 PAG369. AC STJ DE 1983/06/13 IN BMJ N328 PAG559. AC STJ DE 1983/10/25 IN BMJ N330 PAG511. AC STJ DE 1988/10/27 IN BMJ N380 PAG459.
Sumário : I - A ilegitimidade passiva só se verifica quando o réu não ocupa a posição de sujeito da relação material controvertida alegada ou quando legalmente lhe não caiba essa posição. II - Para exclusão da sua responsabilidade, recai sobre o dono do veículo o ónus de provar que não detinha a direcção efectiva do mesmo e que a sua utilização não era feita no seu interesse, o que não acontece quando...
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