Acórdão nº 9640023 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
| Magistrado Responsável | NEVES MAGALHÃES |
| Data da Resolução | 06 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - DIR ESTRADAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART128. CP95 ART129. CCIV66 ART483 ART564 N1 N2 ART566 N1.
Jurisprudência Nacional: AC STJ DE 1994/05/17 IN CJSTJ T2 ANOII PAG101. AC STJ DE 1987/02/05 IN BMJ N364 PAG819.
Sumário: I - Na indemnização a fixar a favor do lesado vítima de um acidente de viação, por danos patrimoniais resultantes de uma incapacidade permanente parcial para o trabalho que implica perda da sua capacidade aquisitiva, o tribunal não está vinculado ao resultado do uso que se faça de qualquer fórmula. A indemnização deve representar um capital que se extinga no fim da sua vida activa e seja susceptível de garantir, durante esta, as prestações periódicas correspondentes à sua perda de ganho, sem que, no entanto, as verbas encontradas não possam e devam ser sujeitas a ajustamentos impostos pelo circunstancialismo de...
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