Acórdão nº 2615/07.7TBFUN.L1-8 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Magistrado Responsável | ANTÓNIO VALENTE |
| Data da Resolução | 01 de Março de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERAR O DECIDIDO Sumário: – Interposta acção contra o Fundo de Garantia Automóvel, pedindo-se o pagamento de indemnização dos danos resultantes de acidente de viação, incumbe ao Autor a alegação de que o condutor do veículo, responsável pelo acidente, não dispunha de seguro automóvel válido.
– Incumbindo ao Fundo de Garantia Automóvel o ónus da prova da existência de seguro válido, já que se trata de facto impeditivo do direito do Autor, nos termos do art. 342º nº 2 do Código Civil.
– O Fundo de Garantia Automóvel está integrado no Instituto de Seguros de Portugal e, nessa medida, a sua impugnação assente apenas na alegação de que desconhece e não tem a obrigação de...
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