Relatório de estágio

• Autor(a) principal: Rodrigues, Maria Filomena Aguilar
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/162125
• topic: Direito

This internship report was prepared within the scope of the non-teaching component of the Masters in Litigation and Arbitration, by the NOVA School of Law. The five-month internship took place in the Civil Section of the Central Court of the District Court of Castelo Branco, was supervised by Judge Dra. Ana Barateiro, and made it possible to follow the daily life of the magistrate and the court, deepening various topics related to civil procedure. In the contact with the processing of the cases handed over to the Judge of Law, the subject of this report emerged – the passive (il)legitimacy and incidents of intervention by third parties in the specific case of civil liability insurance. This report seeks to reconstruct the situations in which questions of legitimacy are raised in this type of action and those in which the intervention of third parties is possible, contrasting the rules of the Civil Procedure Code with those resulting from the Legal Regime of the Insurance Contract and the Regime of the Compulsory Automobile Civil Liability Insurance System. In this sense, the intention is, on the one hand, to clarify who has passive legitimacy in the various and concrete situations that may give rise to civil liability and where that liability has been transferred from the injured party to the insurer through the entering into an insurance contract and, on the other hand, to focus attention on situations where there is plurality of injured parties resulting from an event giving rise to civil liability and an insurance contract. To this end, a study of the procedural assumption of legitimacy was carried out, which involved the study of the concept of legitimacy itself and its determination criteria, the analysis of the distinction between active and passive legitimacy and the ways in which illegitimacy can be remedied. The study and analysis of these situations are carried out on the basis of the demonstration of the norms in force and their practical applicability, trough the exemplification with real cases collected during the internship and in the jurisprudence of the superior courts.