Acórdão nº 065891 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1976 (caso None)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 02 de Novembro de 1976 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: PIRES DE LIMA E ANTUNES VARELA IN CODIGO CIVIL ANOTADO VI PAG399.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPC67 ART446 N3 ART668 D. CCIV66 ART405 ART496 N1 ART503 N1. CCOM888 ART427 ART434.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414. AC STJ DE 1956/10/02 IN RT ANO75 PAG13 E BMJ N60 PAG520. AC STJ DE 1940/01/16 IN RLJ ANO73 PAG161. AC STJ DE 1975/07/15 IN BMJ N249 PAG472.
Sumário : I - E conforme ao artigo 405 do Codigo Civil e aos artigos 427 e 434 do Codigo Comercial a clausula de uma apolice de seguro referente a responsabilidade civil por acidentes causados por veiculos automoveis, segundo a qual ela não produz efeitos " quando, em caso de sinistro, o veiculo sinistrado ja se encontre seguro por qualquer outra apolice ". II - A responsabilidade das seguradoras, nos seguros do ramo automovel, pelos danos causados a terceiros, tendo caracter subsidiario em relação ao segurado, so se verifica no caso de responsabilidade deste. III - A indemnização por danos não patrimoniais a que alude o n. 1 do artigo 496 do Codigo Civil deve fixar-se em termos de compensar indirectamente os sofrimentos fisicos, desgostos, incomodos, etc, que o facto danoso causou ao lesado. IV - Não enferma da nulidade da segunda parte da alinea d)...
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