Author(s) Ana Filipa Soares Martins
Advisor(s) Eva Sónia Moreira da Silva
Year 2017
Synopsis The following dissertation explores the theme of road accidents caused by animals on motorways. This issue has been causing divergences concerning its doctrine and jurisprudence. Until the year 2007 the jurisprudence had a dominant tendency, although it was not uniform, which triggered the urgent need to create the n. º 24 / 2007 Law of 18 July. This new law has come up to resolve the issue of liability of the concessionaires through a default presumption. However, a position on the legal nature of this responsibility wasn´t taken, so the doctrine and jurisprudence continuing to discuss this matter. Therefore, when the traffic accidents on motorways are caused by animals, resulting in damages, it is necessary to determine who is responsible for repairing these damages. Along with this, animal holders or whose responsibility is it and / or who holds the animal guard, comes up to light. Thus, it is of extreme relevance to find out concrete evidence of how the accident occurred so as to clearly attribute other responsibilities. The right to compensate for such damages, results from this allocation of responsibility to the agent. However, this is limited by the minimum capital of the compulsory insurance of motor liability. In cases occurring traffic accidents on motorways, the responsibility lies, according to the new , on the dealership.But concrete proof of how animals invaded the motorway will determine the agent ‘s responsible for this invasion, which in the domestic animal abandonment case takes the form of joint liability with the dealership.
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Author(s) Ana Filipa Soares Martins
Advisor(s) Eva Sónia Moreira da Silva
Year 2017
Synopsis The following dissertation explores the theme of road accidents caused by animals on motorways. This issue has been causing divergences concerning its doctrine and jurisprudence. Until the year 2007 the jurisprudence had a dominant tendency, although it was not uniform, which triggered the urgent need to create the n. º 24 / 2007 Law of 18 July. This new law has come up to resolve the issue of liability of the concessionaires through a default presumption. However, a position on the legal nature of this responsibility wasn´t taken, so the doctrine and jurisprudence continuing to discuss this matter. Therefore, when the traffic accidents on motorways are caused by animals, resulting in damages, it is necessary to determine who is responsible for repairing these damages. Along with this, animal holders or whose responsibility is it and / or who holds the animal guard, comes up to light. Thus, it is of extreme relevance to find out concrete evidence of how the accident occurred so as to clearly attribute other responsibilities. The right to compensate for such damages, results from this allocation of responsibility to the agent. However, this is limited by the minimum capital of the compulsory insurance of motor liability. In cases occurring traffic accidents on motorways, the responsibility lies, according to the new , on the dealership.But concrete proof of how animals invaded the motorway will determine the agent ‘s responsible for this invasion, which in the domestic animal abandonment case takes the form of joint liability with the dealership.
See more here.