Acórdão nº 9430241 de Court of Appeal of Porto (Portugal), 04 de Outubro de 1994
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 04 de Outubro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART500 ART509 ART563. CPC67 ART264 N3 ART485 B ART784 N3.
Jurisprudência Nacional: AC RP DE 1991/04/09 IN CJ T2 ANOXVI PAG262. AC RE DE 1974/07/24 IN BMJ N240 PAG282. AC RP DE 1977/01/14 IN CJ T1 ANOII PAG67. AC RL DE 1979/11/13 IN BMJ N296 PAG317. AC STJ DE 1977/04/27 IN BMJ N266 PAG143. AC STJ DE 1983/06/21 IN BMJ N328 PAG540.
Sumário: I - A expressão "pessoa colectiva" inserida na previsão do artigo 475, alínea b) e do artigo 784, n. 3 do Código de Processo Civil não abrange as sociedades, em relação às quais não é afastado o efeito cominatório da falta de contestação. II - Em relação à E.D.P. - Electricidade de Portugal -, empresa pública, não se verifica o efeito cominatório da falta de contestação. III - Aproveita aos co-réus não contestantes a contestação apresentada pela co-ré seguradora, quer no domínio da responsabilidade civil por acidentes de viação quer nos demais casos em que sejam demandados o segurado e a sua seguradora. IV - A responsabilidade pelo risco, nos termos do artigo 500 do Código Civil, pressupõe uma...
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