Acórdão nº 075747 de Supremo Tribunal Administrativo (Portugal), 01 de Março de 1988 (caso None)
| Magistrado Responsável | GAMA PRAZERES |
| Data da Resolução | 01 de Março de 1988 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: OLIVEIRA MATOS IN CODIGO DA ESTRADA PAG30. BAPTISTA LOPES E A PEREIRA IN CODIGO DA ESTRADA 2ED PAG54.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 ART487 ART493 ART506 N2. CE54 ART5 N2 ART7 N1.
Jurisprudência Nacional: AC RC DE 1963/07/22 IN JR N9 PAG1027. ASS STJ DE 1979/12/21 IN DR IS 1980/01/29.
Sumário : I - As contravenções de invasão da faixa de rodagem não pertencente ao condutor do veiculo, e de excesso de velocidade, cuja apreciação constitui materia de direito, não podem conduzir a determinação da culpa na produção do acidente, se não etiverem provados os factos em que os respectivos conceitos assentam. II - Assim, e definitiva, a decisão da Relação, sobre a falta de esclarecimento quanto ao "porque" da colisão que ocorreu...
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