Acórdão nº 0028516 de Court of Appeal of Lisbon (Portugal), 04 de Julho de 1991
| Data | 04 Julho 1991 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART279 C ART296 ART323 N2 ART325. CP82 ART117 N1 D ART148 N1. CE54 ART8 N3 C. DL 408/79 DE 1979/09/25 ART22.
Jurisprudência Nacional: AC STJ DE 1978/01/10 IN BMJ N273 PAG234. AC RL DE 1979/07/27 IN CJ ANO 1979 T4 PAG1196. AC RL DE 1983/03/03 IN CJ ANO 1983 T1 PAG94. AC RC DE 1980/04/15 IN CJ ANO 1980 T2 PAG48.
Sumário: I - Em acção destinada a exigir responsabilidade civil por acidente de viação, a falta de demanda do condutor culpado não impede a imputação subjectiva do facto danoso como crime culposo para efeitos de determinação do prazo de prescrição nos termos do artigo 498 do Código Civil. II - A proposta da seguradora de pagar metade do valor dos danos, mais do que uma mera atitude pragmática de evitar o litígio e de uma manifestação da vontade de proceder à liquidação convencional dos...
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