Acórdão nº 9351292 de Court of Appeal of Porto (Portugal), 28 de Junho de 1994
Magistrado Responsável | NORMAN DE MASCARENHAS |
Data da Resolução | 28 de Junho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART506 N1 ART494 ART496 N3.
Jurisprudência Nacional: AC STJ DE 1971/03/19 IN BMJ N205 PAG212. AC STJ DE 1973/04/24 IN BMJ N214 PAG226. AC RC DE 1976/10/04 IN BMJ N220 PAG216. AC RP DE 1973/10/11 IN BMJ N230 PAG158. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1981/05/19 IN BMJ N207 PAG242.
Sumário: I - Num acidente por colisão entre um automóvel e uma motorizada, como as contribuições dos riscos de cada veículo para os danos têm de ser avaliadas em concreto, sendo notório o maior grau de idoneidade do automóvel para, em condições normais, produzir danos, deve ser graduado em maior percentagem o risco do automóvel do que o da motorizada, quando não ocorram situações anormais que aumentem o risco desta. II - É correcto calcular a indemnização pela...
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