Acórdão nº 9650012 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1996
Magistrado Responsável | FONSECA RAMOS |
Data da Resolução | 16 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOAGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART349. CPC67 ART510 N1 C ART325 N1 N2. DL 522/85 DE 1985/12/31 ART19 C.
Jurisprudência Nacional: AC RL DE 1991/10/24 IN CJ T4 ANOXVI PAG251. AC RP DE 1993/09/30 IN CJ T4 ANOXVIII PAG216. AC RP DE 1988/05/12 IN CJ T3 ANOXIII PAG217. AC RP DE 1993/06/01 IN CJ T3 ANOXVIII PAG223. AC RL DE 1995/10/19 IN CJ T4 ANOXX PAG124. AC STJ DE 1985/10/22 IN BMJ N350 PAG310. AC RL DE 1995/02/23 IN CJ T1 ANOXX PAG134.
Sumário: I - Relativamente à acção de regresso da seguradora, que pagou a indemnização, contra o segurado interveniente em acidente de viação, como condutor sob a influência do álcool, a jurisprudência dos nossos tribunais divide-se entre a orientação que atribui à seguradora o ónus de provar a existência do nexo de causalidade entre o acidente e a condução sob aquele efeito e a que prescinde de tal. II - É suficiente para integrar a alegação de tal nexo de causalidade a invocação de que o...
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