Acórdão nº 078887 de Supremo Tribunal Administrativo (Portugal), 11 de Dezembro de 1990 (caso None)
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 11 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO PARCIAL. ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR TRAB - ACID TRAB.
Legislação Nacional: CE54 ART40 N4. L 1942 DE 1936/07/27 ART7. L 2127 DE 1965/08/03 BIX B BXIX N1 D BXX BXXI BXXIII BXXXVII. DL 408/79 DE 1979/09/25 ART21. DL 522/85 DE 1985/12/31 ART18 ART19. CPC67 ART663 N1.
Jurisprudência Nacional: ASS STJ DE 1978/03/08 IN BMJ N271 PAG100.
Sumário : I - Num acidente que seja simultaneamente de viação e de trabalho, as obrigações que dele resultam para o causador do acidente, para a entidade patronal, ou para as seguradoras de um e de outro, estão numa relação de solidariedade imperfeita ou aparente com desvios sobretudo no plano das relações internas, referentemente ao figuro geral da solidariedade. II - Em tais casos, o responsavel principal ou primario pelos danos gerados no acidente e o indicado no aspecto viario do conjunto, por ser o que cria maior risco e por isso a lei concede a entidade patronal ou ao seu segurador o direito a uma indemnização pelas quantias pagas ao sinistrado e a quebrar daquele maior responsavel. III - A entidade patronal ou o...
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