Acórdão nº 9140266 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1992
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 03 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR ECON - DIR SEG. DIR PROC CIV - RECURSOS. DIR INT PRIV.
Legislação Nacional: CCIV66 ART41 ART42 ART405 ART497. DL 408/79 DE 1979/09/25 ART15 ART11. DL 522/85 DE 1985/12/31 ART14 ART20 N1. DL 162/84 DE 1984/05/18 ART6 N2. CPC67 ART359 N2.
Legislação Estrangeira: CÓDIGO CIVIL ITALIANO ART1901.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315.
Sumário: I - Tendo um contrato de seguro sido celebrado em Itália entre seguradora aí sediada e cidadão lá residente, é-lhe aplicável a lei italiana, " ex vi" do artigo 42, nºs 1 e 2 do Código Civil, pelo que, estando em dívida o prémio do seguro à data do acidente ocorrido em Portugal não era ele válido por estar suspenso nos termos do artigo 1901 do Código Civil Italiano, uma vez que em tal data ainda não vigorava o seguro obrigatório em Portugal. II - O excesso de lotação de um veículo na ocasião de um acidente não impõe necessariamente, só por si, a conclusão de que foi causal do mesmo. III - São as conclusões das alegações dos recursos que...
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