Acórdão nº 081787 de Supremo Tribunal Administrativo (Portugal), 09 de Dezembro de 1992 (caso None)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 09 de Dezembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: V SERRA IN RLJ ANO102 PAG311 PAG314 NOTA1. MOTA PINTO CESSÃO DA POSIÇÃO CONTRATUAL PAG409. V SERRA IN RLJ ANO110 PAG57.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CCIV66 ART291 N1 ART300 ART302 ART303 ART323 N1 ART325 ART334 ART498 N1 N3. CP886 ART125 PAR2 ART369. CP82 ART117 N1 E ART148.
Jurisprudência Nacional: AC STJ DE 1976/03/09 IN RLJ ANO110 PAG57. AC STJ DE 1987/02/05 IN BMJ N364 PAG787.
Sumário : I - A responsabilidade civil extracontratual pode coexistir com a contratual, devendo o lesado optar por um dos regimes. II - Tendo a autora fundamentado o seu direito à indemnização na conduta ilícita do comandante do avião, que, por imperícia, não o imobilizou na pista de aterragem, o direito de indemnização prescreve nos termos do artigo 498 do Código Civil. III - O reconhecimento pela ré da obrigação de indemnizar a lesada não significa a celebração de um contrato de indemnização. IV - Esse reconhecimento, contudo, interrompe a prescrição (artigo 325 do Código Civil). V - Constituindo o facto ilícito um crime, cujo prazo de prescrição seja mais longo, é esse o prazo aplicável, embora o seu regime seja o do direito civil (n. 3 daquele artigo 498). VI - Como durante o prazo da prescrição...
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