Acórdão nº 9150767 de Court of Appeal of Porto (Portugal), 05 de Maio de 1992
Magistrado Responsável | MARTINS COSTA |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART26 N2 N3. CCIV66 ART593 N1. DRGU 58/79 DE 1979/09/25 ART5 N1 N3 ART8. DL 522/85 DE 1985/12/31 ART25 N1 N3.
Jurisprudência Nacional: AC STJ DE 1968/01/12 IN BMJ N173 PAG291.
Sumário: I - Consideram-se partes legítimas os titulares directos e indirectos da relação jurídica controvertida, ou seja, os sujeitos activos e passivos dessa relação. II - Na querela sobre se, para esse efeito, se deve atender à relação configurada pelo autor ( tese de Barbosa de Magalhães ) ou, antes, à relação jurídica real, tal como se constituiu entre as partes ( tese de Alberto dos Reis ), tem sido aquela primeiro referida posição a geralmente acolhida na jurisprudência. III - Subrogado nos direitos do lesado, consoante o nº 1 do artigo 5 do Decreto Regulamentar nº 58/79, de 25/09, como, actualmente, pelo nº 1 do artigo 25 do Decreto-Lei nº 522/85, de 31/12, o Fundo de Garantia Automóvel...
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