Acórdão nº 087754 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1996 (caso NULL)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 28 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART570 N1. CE54 ART7 ART9 N1 N2 ART19 N3 I. CPC67 ART712 N1.
Jurisprudência Nacional: AC STJ PROC85056 DE 1994/07/05. AC STJ PROC85235 DE 1994/09/20. AC STJ PROC85824 DE 1994/11/03. AC STJ DE 1993/07/06 IN CJ 1993 T2 PAG187.
Sumário : I - A Relação ao alterar a resposta ao quesito, violou o disposto no artigo 712, n. 1 do Código de Processo Civil, donde poder o Supremo Tribunal de Justiça censurar um tal erro que é de julgamento de direito, ao abrigo do disposto nos artigos 722, n. 2 e 729 n. 2 do citado Código, tendo-se, pois, o facto em causa por não provado. II - Não houve transgressão ao artigo 9, n. 2 do Código da Estrada pelo condutor do veículo DL, pois este embateu no NM antes do cruzamento, não sendo causal do acidente pois o DC embateu neste, por o DL se ter despistado com o embate e ir para a faixa esquerda da...
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