Acórdão nº 062884 de Supremo Tribunal de Justiça (Portugal), 16 de Janeiro de 1970
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 16 de Janeiro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV. DIR PROC PENAL.
Legislação Nacional: CE54 ART56 ART57 N1. CCIV867 ART1587. CPP29 ART153.
Sumário : I - O novo Codigo Civil entrou em vigor em 1 de Junho de 1967, e, por isso, não e aplicavel a uma acção de indemnização por facto ilicito proposta em 11 de Janeiro desse ano, como se conclui do n. 2 do artigo 2 do Decreto-Lei n. 47344, de 25 de Novembro de 1966. II - As companhias de seguros, para as quais haja sido transferida a responsabilidade pela indemnização dos prejuizos causados por automoveis em circulação, podem ser demandadas directamente por quem tiver direito a indemnização. III - O lesado tem o direito de demandar directamente a companhia seguradora, ou o segurado, ou ambos em litisconsorcio voluntario; assim, a circunstancia de não exigir do segurado a indemnização devida não constitui causa liberatoria da responsabilidade da seguradora. IV - Deste modo, a desistencia do pedido em relação ao segurado não impede o prosseguimento da causa contra a companhia seguradora. V - A condenação no foro criminal do responsavel pelo...
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