Acórdão nº 0094842 de Court of Appeal of Lisbon (Portugal), 30 de Março de 1995
Data | 30 Março 1995 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR ECON - DIR SEG. DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 522/85 DE 1985/12/31 ART19 C. DL 408/79 DE 1979/12/25 ART19 C. CCIV66 ART566 N3.
Sumário: I - Quer o artigo 19 alínea c), do DL n. 522/85 de 31/12, quer o artigo 19 alínea c), do DL substituído n. 408/79 de 25/12 consagram a mesma solução para a situação neles prevista. II - O contrato de seguro é um negócio sinalagmático, pelo qual a seguradora assume, para si, os riscos inerentes a um facto; no seguro de responsabilidade automóvel essa assunção reporta-se à indemnização que o segurado teria que pagar ao lesado por força do seu acto ilícito ou do risco da circulação automóvel. III - A contrapartida sinalagmática do segurado corresponde ao pagamento atempado do prémio, quer tenha havido lesão ou não. IV - A interpretação correcta do artigo 19 alínea c), do DL n. 522/85 é aquela que ficou expressa em arresto do STJ: "o direito de regresso apenas incide sobre o montante indemnizatório referente aos danos provocados pelo abandono do sinistrado ou ao...
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