Acórdão nº 067081 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1978 (caso NULL)
Magistrado Responsável | OCTAVIO GARCIA |
Data da Resolução | 30 de Novembro de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN OBRIGAÇÕES EM GERAL VOLI PAG542. VAZ SERRA IN BMJ PAG124.
Área Temática: DIR CIV - DIR RESP CIV / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART722 N2 ART729 N1. CCIV66 ART9 N3 ART11 ART342 N1 ART483 ART487 N1 ART493 N2 ART503 N3 ART504 N2 ART505 ART508 ART799 N1.
Legislação Estrangeira: CCIV IATLIANO ART2050 ART2054.
Jurisprudência Nacional: AC STJ DE 1975/07/22 IN BMJ N249 PAG478. AC RP DE 1976/01/28 IN BMJ N256 PAG171. AC STJ DE 1974/12/03 IN BMJ N242 PAG268.
Sumário : I - O artigo 504, n. 2 do Código Civil estabelce que, no caso de transporte gratuito, o transportador responde apenas nos termos gerais, pelos danos que culposamente causar, do que resulta que temos de nos socorrer da norma do artigo 487, n. 1, em que transparece o princípio que é ao lesado que incumbe provar a culpa do autor da lesão. II - Ao contrário do que se passa em matéria contratual (artigo 799, n. 1) não se presume a culpa para efeitos de responsabilidade civil, em matéria de acidentes de viação. III - A culpa constitui, assim, elemento integrante do direito de indemnização. IV - O artigo 504, n. 2...
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