Acórdão nº 9840710 de Court of Appeal of Porto (Portugal), 11 de Novembro de 1998 (caso NULL)
Data | 11 Novembro 1998 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART562 ART564 N2 ART566 N2 N3 ART805 N3. DL 522/85 DE 1985/12/31 ART18 N1. L 2127 DE 1965/08/13 BXXXVII.
Jurisprudência Nacional: AC RP DE 1984/10/17 IN CJ T4 ANOIX PAG246. AC RC DE 1994/03/08 IN CJ T2 ANOXIX PAG11. AC STJ DE 1993/11/30 IN CJSTJ T3 ANOI PAG250. AC STJ DE 1979/01/09 IN BMJ N283 PAG260. AC STJ DE 1979/01/30 IN BMJ N283 PAG296. AC STJ DE 1986/05/15 IN BMJ N357 PAG412. AC STJ DE 1993/02/04 IN CJSTJ T1 ANOI PAG128. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188. AC RC DE 1993/04/22 IN CJ T2 ANOXVIII PAG69. AC RP PROC9310190 DE 1993/06/02. AC RP PROC9440283 DE 1994/06/06.
Sumário: I - Sendo o acidente de viação e de trabalho, as respectivas indemnizações não são cumuláveis, podendo o titular do respectivo direito, logo que definitivamente fixadas por decisão transitadas em julgado, optar por uma delas. II - Ainda que a entidade patronal tenha pago parte ou a totalidade da indemnização correspondente ao dano, não poderá a seguradora do causador do acidente invocar tal circunstância para obter a redução da indemnização ou para se recusar a...
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