Relatório de estágio no Julgado de Paz de Lisboa

• Autor(a) principal: Moreira, Filipa Lagoa Valadares
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/24536
• topic: Julgados de Paz; Seguro obrigatório automóvel; Regime de perda total; Reconstituição natural; Responsabilidade civil; Peace Courts; Civil liability; Compulsory motor vehicle insurance; Total loss regime; Natural reconstitution; Direito

This internship report aims to discuss a theme that we came across when drafting an award in the internship held at the Lisbon Peace Court for the purpose of completing the Master's Degree in Forensic Law and Arbitration. In the settling of the material damages by the insurers, the issues of greater litigation pertain to the damage due to deprivation of the use of the vehicle and to its total loss regime. In this study we present a critical reflection on the state of art of jurisprudence and the goodness of the legal treatment conferred by the Portuguese legal system on this last subject. At the risk of being viewed as a minor issue, it is important, however, to recognize the enormous social and economic importance of this matter, which is related to questions of delicate but crucial response in the field of civil liability, such as the primacy of natural reconstitution. Seeking protection and defense in the person or property of the victims of the accident, the compulsory motor vehicle liability insurance contract covers, to the exact extent of the damage suffered, the material and bodily damages caused to third parties, always bearing in mind the contracted capital limit. The enforcement of civil liability for the vehicle’s damages, and therefore material damages, has its origin in the extrajudicial way, under the Reasonable Offer Procedure. Frustrating this procedure by refusing this offer, often sustained by a willingness to see his vehicle repaired, the injured party may file a lawsuit in the national courts, where it has often been decided that the total loss regime of the Decree-Law 291/2007, of the 21st of August, is not applicable