Acidentes de viação e direito de regresso das seguradoras

: da (in)exigibilidade do nexo de causalidade

Abstract

With the high level of road accidents in Portugal, the subject of road accidents and compulsory civil liability insurance for motor vehicles appears to be fundamental. In this context, it is also essential to determine the circumstances in which the insurer's right of recourse is provided for and the conditions on which it depends. This dissertation deals precisely with this issue, namely whether a causal link is required in the situations envisaged as grounds for the insurer's right of recourse. We therefore begin this dissertation by referring to road accidents and civil liability, the insurance contract and, specifically, compulsory civil liability insurance for motor vehicles. We go on to characterise the insurer's right of recourse in compulsory civil liability insurance for motor vehicles (article 27 of Decree-Law 291/2007 of 21 August) and, finally, we analyse the (un)enforceability of the causal link in the context of various circumstances that justify this right of recourse.

Date of Award	9 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Carlos Barros Brandão Proença (Supervisor)