Acórdão nº 087550 de Supremo Tribunal de Justiça (Portugal), 05 de Dezembro de 1995
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 05 de Dezembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 ART496 N3 ART506 ART508 ART566 N2 ART806. CPC67 ART3 N1 ART264 N1 ART511 N1.
Jurisprudência Nacional: AC STJ DE 1973/11/20 IN BMJ N231 PAG151. AC STJ DE 1979/05/22 IN BMJ N287 PAG292. AC STJ DE 1986/07/01 IN BMJ N359 PAG672. AC STJ DE 1988/06/15 IN BMJ N378 PAG677. AC RL DE 1992/03/26 IN CJ ANOXVII PAG152.
Sumário : I - O artigo 506 do Código Civil situa-se numa subsecção, que diz respeito à responsabilidade pelo risco a qual se caracteriza por ser independente de dolo ou culpa do agente, visto se considerar que, quem beneficia de certas coisas ou actividades criando um risco, deve responder mesmo sem culpa; no caso dos acidentes de viacção entendeu-se, contudo, que não seria razoável, face a esse condicionalismo, não fixar quaisquer limites à indemnização. II - Em caso de acidente de viação mortal com o seu cortejo de efeitos, o direito à indemnização surge na...
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