Acórdão nº 9920729 de Court of Appeal of Porto (Portugal), 12 de Outubro de 1999
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 12 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART306 N1 ART498 N1 N2 N3. CP82 ART117 N1 C ART148 N3. L 2127 DE 1965/08/03 BXXXVII N4.
Jurisprudência Nacional: AC STJ DE 1998/10/20 IN CJSTJ T3 ANOVI PAG71. AC STJ DE 1994/02/22 IN CJSTJ T1 ANOII PAG126. AC RP DE 1997/05/20 IN CJ T3 ANOXXII PAG190. AC RL DE 1995/02/09 IN CJ T1 ANOXX PAG122.
Sumário: I - A entidade patronal, ou a seguradora, que tiver pago a indemnização pelo acidente, simultaneamente de viação e de trabalho, terá o direito de regresso contra os responsáveis se a vítima não lhes houver exigido judicialmente a indemnização no prazo de 1 ano, a contar da data do acidente. II - O prazo de prescrição do direito de regresso entre os responsáveis conta-se a partir do cumprimento ou pagamento. III - Só depois de fixada a indemnização, por sentença, é que a seguradora ( ou a entidade patronal ) fica em condições de poder...
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