Acórdão nº 086244 de Supremo Tribunal Administrativo (Portugal), 04 de Abril de 1995
Magistrado Responsável | AFONSO DE MELO |
Data da Resolução | 04 de Abril de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: V SERRA IN RLJ ANO110 PAG399 BMJ N39 PAG12 RLJ ANO108 PAG40. M ANDRADE TEORIA GERAL DAS OBG PAG144-146.
Área Temática: DIR TRAB - ACID TRAB. DIR CIV - TEORIA GERAL. DIR CUSTAS JUD.
Legislação Nacional: L 2127 DE 1965/08/03 BIX BXVI BXXXVII N4. DL 38523 DE 1951/11/23 ART8 ART10. DL 497/88 DE 1988/12/30 ART49 N3 ART108. DL 151/85 DE 1985/05/19 ART98. DL 321/94 DE 1994/12/29 ART109 ART117 ART148. DL 408/79 DE 1979/09/25 ART21. DL 522/85 DE 1985/12/31 ART18. CCIV66 ART9 N3 ART524 ART589. L 1942 DE 1936/07/27 ART7. L 2045 DE 1950/12/23 ART16. CCIV867. CCJ62 ART3 N1 A.
Sumário : I - O direito de regresso e a sub-rogação (artigos 524 e 589 do Código Civil), diferenciando-se na sua estrutura e disciplina, têm idêntica função recuperatória restabelecendo o equilíbrio de interesses nas relações internas, relacionam-se em concurso alternativo e, quando a solidariedade passiva (imperfeita) é estabelecida com escopo de garantia, o direito de regresso existe entre o coabrigado garante e o devedor principal mas não inversamente. II - Quando a lei do seguro obrigatório de responsabilidade civil automóvel pretendeu aplicar aos acidentes de serviço o disposto para os acidentes de trabalho, ressalvou sempre que tal se fazia na medida em que a legislação destes acidentes se pudesse adaptar ao disposto para os acidentes...
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