Acórdão nº 9430014 de Court of Appeal of Porto (Portugal), 30 de Maio de 1995
| Data | 30 Maio 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 19478 DE 1931/03/18. DL 38525 DE 1951/11/23. DL 49031 DE 1979/05/27. L 2127 DE 1965/08/08 BV BXXXVII. DL 522/85 DE 1985/12/31 ART18. CCIV66 ART592. CPC67 ART26.
Jurisprudência Nacional: AC STJ DE 1994/09/27 IN CJSTJ T3 ANO2 PAG63. AC RP DE 1986/01/16 CJ T1 ANOXI PAG162.
Sumário: I - O Estado Português tem legitimidade activa para peticionar contra a seguradora do responsável por um acidente de viação de que resultou a incapacidade para o trabalho de um guarda da Polícia de Segurança Pública o pagamento das importâncias que a este foram pagas, durante a sua incapacidade, de remuneração principal, de suplemento e de fardamento, com a invocação pelo Estado da sub-rogação nos direitos do guarda, já que da improcedência do pedido lhe resultaria um prejuízo, tudo sem prejuízo do bem ou mal fundado da acção. II - A sub-rogação legal, como resulta do disposto no artigo 592 do Código...
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