Acórdão nº 9610855 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1997
| Magistrado Responsável | SOUSA PEIXOTO |
| Data da Resolução | 27 de Janeiro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC TRAB - ACID TRAB. DIR CIV.
Legislação Nacional: CCIV66 ART236 ART247 ART251 ART429 ART762. L 2127 DE 1965/08/03 BASEXLIII. D 360/71 DE 1971/08/21 ART76.
Jurisprudência Nacional: AC STA DE 1966/07/07 IN AD N62 PAG284. AC RP DE 1983/02/21 IN CJ T1 ANOVIII PAG282. AC RP DE 1986/04/28 IN CJ T2 ANOXI PAG230.
Sumário: I - Na modalidade de seguro de acidentes de trabalho por folhas de férias, a não inclusão de um trabalhador nas folhas, só vindo a ser feito nas do mês em que o mesmo é vítima de acidente, não acarreta a nulidade do contrato de seguro porque não é vício que se verificou na altura da sua celebração e tem a ver com o seu cumprimento, isto é, com a sua eficácia. II - Da obrigatoriedade do contrato de seguro, tendo este uma função social, poderia concluir-se que a omissão dum trabalhador nas folhas de férias não irresponsabilizaria a seguradora. III - Para tal...
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