Acórdão nº 087084 de Supremo Tribunal de Justiça (Portugal), 24 de Outubro de 1995 (caso NULL)
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 24 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: A VARELA IN OBRIGAÇÕES PAG427.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CE54 ART5 N3 N4 ART7 N1 ART10 N5 ART40. CPC67 ART722 N2 ART729 N2. CCIV66 ART494 ART496 N3.
Jurisprudência Nacional: AC STJ DE 1980/04/15 IN BMJ N296 PAG198. AC STJ DE 1977/10/20 IN BMJ N270 PAG229. AC STJ DE 1980/06/11 IN BMJ N305 PAG187. AC STJ DE 1980/10/15 IN BMJ N300 PAG357. AC STJ DE 1984/01/12 IN BMJ N333 PAG413. AC STJ DE 1994/01/20 IN CJSTJ ANOII T1 PAG204.
Sumário : I - Sendo um motociclista autor das transgressões previstas nos artigos 5, n. 3, 7, n. 1 e 10, n. 3 do Código da Estrada, e não se vendo que a conduta da vítima fosse causal (causalidade adequada) e adequada a produzir o acidente, tem de concluir-se que o acidente ocorreu em consequência da conduta negligente e contravencional do mesmo motociclista e por forma exclusiva. II - Dada a manifesta impossibilidade da reparação natural dos danos morais, o legislador, para superar estas dificuldades no cálculo da...
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