Acórdão nº 9220409 de Court of Appeal of Porto (Portugal), 25 de Maio de 1993
Data | 25 Maio 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART784 N2 ART784 N3 ART485 A ART485 A. DL 522/85 DE 1985/12/31 ART29 N1 B. CCIV66 ART303 ART498 N1 N2 ART302.
Jurisprudência Nacional: AC STJ DE 1977/04/27 IN BMJ N266 PAG143. AC STJ DE 1979/10/02 IN BMJ N290 PAG276. AC STJ DE 1983/06/21 IN BMJ N328 PAG540. AC STJ DE 1972/11/28 IN BMJ N221 PAG217. AC RC DE 1972/05/19 IN BMJ N217 PAG188.
Sumário: I - A falta de contestação do segurado ou do condutor do veículo não tem o efeito cominatório previsto no n.2 do artigo 784, do Código de Processo Civil, se a respectiva seguradora deduzir oposição. II - O proprietário do veículo causador do acidente, quando tinha transferido a sua responsabilidade civil para uma companhia de seguros, ainda que não conteste a acção, beneficia da defesa que a companhia apresente, tudo se passando como se a defesa apresentada pela seguradora o fosse pelo próprio segurado. III - O que se visa com os recursos é obter o reexame das matérias que foram submetidas à apreciação do tribunal " a quo ", suscitadas oportunamente nos articulados da acção e não o julgamento de questões novas. IV - Invocada pelo réu a prescrição, com o fundamento no decurso do prazo prescricional contado a partir da data em que o acidente se verificou ( de harmonia com a doutrina da...
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