Acórdão nº 9510631 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1995
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 20 de Dezembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CPC66 ART26 ART264 ART266 ART474 N2. DL 522/85 DE 1985/12/31 ART29 N1 A N2 N3 N4 N5 N6.
Sumário: I - Em acção destinada à efectivação da responsabilidade civil decorrente de acidente de viação, haverá que observar o seguinte regime no que respeita à legitimidade passiva por desconhecimento da seguradora do responsável: Se o Autor alegar na petição inicial factos que mostrem que desconhece sem culpa a identidade da seguradora responsável, o lesante deve ser demandado como único réu da acção. Nessa hipótese, o tribunal notifica o lesante para identificar qual a seguradora que cobre a responsabilidade civil, podendo, então, verificar-se as seguintes hipóteses: - se o demandado identifica a seguradora, o lesado deve requerer logo a intervenção principal provocada passiva desta; - se o réu justifica que é outro o possuidor ou detentor do veículo, tomador do seguro, identificando-o, deve este ser notificado nos termos e para os mesmos efeitos do lesante; - se o demandado confirmar a inexistência de seguro válido ou eficaz, o lesado poderá desde logo requerer a intervenção principal provocada do Fundo de Garantia Automóvel ( F. G. A. ); - se o...
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