Acórdão nº 0030726 de Court of Appeal of Lisbon (Portugal), 28 de Novembro de 1991
Magistrado Responsável | DUARTE SOARES |
Data da Resolução | 28 de Novembro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART12 ART297 ART323 N2 ART498 ART805 N3. CP886 ART125 N2 ART369. CP82 ART117 N1 B ART148. DL 400/82 DE 1982/09/23 ART2.
Jurisprudência Nacional: AC STJ DE 1985/02/21 IN BMJ N344 PAG427. AC RL DE 1990/02/20 IN CJ 1990 T1 PAG184.
Sumário: I - A questão de aplicação das leis no tempo resultante de alteração reflexa de norma de direito privado por modificação de norma de outro ramo de direito para que aquela remete, terá de ser resolvido de acordo com os princípios do direito privado. II - Assim, no que se refere ao prazo de prescrição do direito de indemnização emergente de responsabilidade civil, à alteração decorrente da entrada em vigor do novo Código Penal, aplica-se o disposto no artigo 297 do Código Civil. III - A norma do n. 3 do artigo 805 do C.C., na parte em que é inovadora, projecta a sua disciplina sobre determinados aspectos do...
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