Acórdão nº 9731218 de Court of Appeal of Porto (Portugal), 22 de Janeiro de 1998
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 22 de Janeiro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: L 1942 DE 1936/07/27 ART7. L 2127 DE 1965/08/03 BASEIX B BASEXXXVII N4 BASEXVI N2 N4. CCIV66 ART323 ART325 ART326 ART327 ART497 ART498 N1 N3 ART507. CPC67 ART144 N3 ART664 ART685. CP82 ART143 B ART148 N1 N3.
Jurisprudência Nacional: ASS STJ N5/97 DE 1997/01/14 IN DR IS-A 1997/03/27.
Sumário: I - O legislador, com o n.4 da Base XXXVII da Lei n.2127, de 3 de Agosto de 1965, embora referindo o direito de regresso da seguradora que houver pago a indemnização de natureza laboral, em caso de acidente simultaneamente, de viação e de trabalho, não pretendeu alterar o " status quo " consagrado no artigo 7 da anterior Lei n.1942, de 27 de Julho de 1936, que qualificava tal situação como de sub-rogação nos direitos de...
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