Acórdão nº 9210176 de Court of Appeal of Porto (Portugal), 13 de Julho de 1992
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 13 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART323 ART473 ART498 N1 ART521 ART530. CPC67 ART493 N1 ART496 B ART498.
Jurisprudência Nacional: AC RL DE 1987/02/17 IN CJ ANOXII T1 PAG125. AC STJ DE 1967/05/03 IN BMJ N165 PAG307. AC STJ DE 1972/01/14 IN BMJ N213 PAG214.
Sumário: I - Constitui jurisprudência uniforme a de que em acidente simultâneo de viação e de trabalho há cumulação de responsabilidades, mas não de indemnizações, pelo que o lesado pode pedir indemnização por qualquer delas e ambas podem ser-lhe arbitradas, optando depois pelo que mais lhe convier; II - O prazo de prescrição de três anos - artigo 498, n. 1, do Código Civil - começa a contar-se logo que o lesado teve conhecimento do direito à indemnização, sendo irrelevante o conhecimento da extensão integral do dano, uma vez que pode pedir a sua fixação para momento posterior, sendo apenas essencial para começo da contagem do prazo que o lesado tenha conhecimento do direito que lhe compete; III - Mesmo tratando-se de obrigação solidária, por força dos artigos 521 e 530 do Código Civil, a interrupção do prazo prescricional não aproveita ao autor, dado que a citação susceptível de interromper a prescrição tem de ser produzida pelo autor titular do direito e não por autor subrogado no direito daquele - artigo 323, do Código Civil; IV - Segundo o artigo...
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