Acórdão nº 262/1993.L1-7 de Court of Appeal of Lisbon (Portugal), 13 de Novembro de 2009
Magistrado Responsável | DINA MONTEIRO |
Data da Resolução | 13 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERADA A DECISÃO Sumário: 1. No âmbito do contrato de mandato celebrado entre os AA. e a Ré, enquanto Advogada, impunha-se a esta última a instauração de uma acção de indemnização em Tribunal, por acidente de viação, e/ou a negociação de um acordo com a Seguradora, o que não fez, não obstante ter declarado o contrário aos AA., comportamento que determinou a prescrição do direito destes a qualquer indemnização por parte da Companhia de Seguros.
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A omissão cometida pela Ré ao não instaurar a acção e/ou negociar os termos da indemnização com a Companhia de Seguros, é apenas imputável à mesma, uma vez que o mandato que lhe foi conferido continha os poderes necessários para tal actuação.
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A A. tem vido a suportar um longo percurso de sofrimento, decorrente também do arrastar de um processo provavelmente ainda não terminado (e que se vem arrastando desde 10 de Agosto de 1983 – data do acidente), marcado pela dor e incómodos vários, em que a operação à vista e as consequências...
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