Acórdão nº 063472 de Supremo Tribunal Administrativo (Portugal), 16 de Julho de 1971
Magistrado Responsável | FERNANDES COSTA |
Data da Resolução | 16 de Julho de 1971 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART491 N3 ART494 ART503 N1 ART508 ART566 N3.
Jurisprudência Nacional: AC STJ DE 1960/03/08 IN BMJ N95 PAG225. AC STJ DE 1964/09/27 IN BMJ N141 PAG335. AC STJ DE 1967/09/10 IN BMJ N171 PAG305. AC STJ DE 1971/02/12 IN BMJ N204 PAG149.
Sumário : I - Não tem a direcção efectiva do veiculo, e, portanto, não responde pelos danos provenientes dos riscos proprios do mesmo veiculo (artigo 503 do Codigo Civil de 1966), aquele que o toma de aluguer, com motorista do locador, para a distribuição de determinada mercadoria, não obstante serem empregados seus (dele, locatario) quem procede a tal distribuição. II - Provado que do acidente resultou a morte de um homem solteiro, de 27 anos de idade e sem descendentes, que o acidente foi devido a culpa exclusiva do condutor do veiculo, que o lesado gozava de boa saude e ganhava o...
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