Acórdão nº 96S150 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1997
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 21 de Maio de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - ACID TRAB. DIR CIV - DIR OBG.
Legislação Nacional: L 2127 DE 1965/08/03 BVIII N3 BXLIII N1. PORT 633/71 DE 1971/11/19. CCIV66 ART443 ART444 ART449.
Jurisprudência Nacional: AC STJ DE 1991/01/16 IN BMJ N403 PAG436. AC STJ DE 1983/12/07 IN BMJ N332 PAG391. AC STJ DE 1987/01/16 IN AD N305 PAG739. AC STJ DE 1990/09/26 IN AD N348 PAG1630. AC STJ DE 1991/04/16 IN BMJ N403 PAG436. AC STJ DE 1991/06/05 IN BMJ N408 PAG588. AC STJ DE 1996/10/02 IN AD N422 PAG265.
Sumário : I - O contrato de seguro reveste a natureza de contrato a favor de terceiro, celebrado entre duas pessoas, em nome próprio, pelo qual o promitente atribui, por conta e ordem de outro - promissário -, uma vantagem a um terceiro - beneficiário -, estranho à relação contratual. II - No contrato de seguro de acidentes de trabalho, o promitente é a seguradora, o promissário o segurado (entidade patronal), e o terceiro o trabalhador sinistrado. III - São oponíveis ao terceiro, pelo promitente, todos os meios de defesa derivados do contrato, mas não aqueles que advenham de outras relações entre o promitente e o promissário. IV - Em contrato de seguro de acidente de trabalho, na modalidade de folhas de...
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