Acórdão nº 0017788 de Supremo Tribunal Administrativo (Portugal), 21 de Fevereiro de 1978 (caso None)
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 21 de Fevereiro de 1978 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: G TELES IN DIREITO DAS SUCESSÕES PAG83. A VARELA IN DAS OBRIGAÇÕES 2ED V1 PAG494. V SERRA IN RLJ ANO107 PAG143 ANO109 PAG44.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART496.
Jurisprudência Nacional: AC STJ DE 1971/03/17 IN BMJ N205 PAG150. AC STJ DE 1974/01/16 IN BMJ N233 PAG55. AC STJ DE 1974/11/13 IN BMJ N241 PAG204. AC STJ DE 1975/03/07 IN BMJ N245 PAG486.
Sumário: I - Em acidente de viação com intervenção de um automóvel com reboque, apesar de o automóvel e o reboque terem apólices distintas e por valores diferentes, a responsabilidade da seguradora pelos danos causados a terceiros não se circunscreve ao valor do seguro do automóvel, mas também ao do reboque, devido ao maior peso bruto do conjunto. II - Se o pai, como representante de filhos menores, exigir uma indemnização pelos danos causados aos seus filhos, por acidente em que ele também teve culpa, a despeito de o autor, pai, e o réu serem responsáveis solidários, a sentença só pode condenar o réu na parte que lhe cabe da indemnização, se o autor só tiver exigido essa parte, e não a totalidade, a fim de evitar o exercício subsequente do direito...
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