Acórdão nº 9110085 de Court of Appeal of Porto (Portugal), 04 de Julho de 1991
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 04 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART496 ART562 ART564 ART566 ART567 ART806 N2.
Jurisprudência Nacional: AC STJ DE 1976/02/06 IN BMJ N254 PAG202. AC RC DE 1984/01/17 IN CJ ANOIX T1 PAG39. AC RP DE 1989/04/13 IN CJ ANOXIV T2 PAG221. AC STJ DE 1979/03/08 IN RLJ ANO112 PAG263. AC RP PROC0310583 DE 1991/02/21.
Sumário: I - No caso de fixação em dinheiro, se não puder ser averiguado o valor exacto dos danos, o tribunal julgará equitativamente dentro dos limites que tiver por provados. II - Quaisquer tabelas para cálculo da indemnização devida não são directamente aplicáveis ao cômputo da indemnização por acidentes de viação, mas poderão servir de critério geral de orientação para esses acidentes, embora lhes possam ser atribuídas as necessárias correcções impostas pelo circunstancialismo de cada caso concreto. III - O método de avaliação em concreto, porque nele se trata de compreender e avaliar todo o prejuízo sofrido - a perda de ganhos e a diminuição dos benefícios, em toda a multiplicidade de situações -, é o que mais se ajusta às regras dos artigos 562, 564, 566 e 567, do Código Civil. IV - A força de trabalho é um bem patrimonial muito importante e, nessa medida, a incapacidade representa um dano patrimonial e, na medida em que o seja, deve ser indemnizado, ainda que possa ter...
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