Acórdão nº 9820973 de Court of Appeal of Porto (Portugal), 24 de Novembro de 1998
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 24 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART495 N3 ART503 N3 ART564 N2 ART2015. DL 38523 DE 1951/11/23 ART15 NA REDACÇÃO DO DL 140/87 DE 1987/03/20 ART7. DL 404/82 DE 1982/09/24 ART1 N1 A.
Jurisprudência Nacional: AC STJ DE 1992/02/26 IN BMJ N414 PAG533. AC STJ DE 1990/03/03 IN BMJ N395 PAG534.
Sumário: I - Uma conduta infraccional do lesante só faz presumir a culpa do infractor na produção do evento danoso quando a infracção praticada tenha sido causa directa e inequívoca do dano. II - Não ofende o princípio constitucional da igualdade a imputação, feita no n.3 do artigo 503 do Código Civil, da presunção de culpa ao condutor por conta de outrem. III - Falecendo o marido num acidente de viação, a viúva, como terceira, só terá direito a indemnização por danos patrimoniais se se provar que a mesma podia exigir alimentos ao marido se este vivo fosse ou que era previsível que o...
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