Acórdão nº 087872 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1996
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 16 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART494 ART496 N1 N3 ART562 ART564 N2 ART566 N1 N2 N3. PORT 1167/95 DE 1995/09/23.
Sumário : I - Para fixação do montante indemnizatório relativo aos danos patrimoniais por acidente de viação há que ter em atenção os princípios decorrentes dos artigos 483, 562, n. 2 e 566, n. 3 do Código Civil. II - A uma incapacidade parcial permanente de 12% corresponde, normalmente igual perda de capacidade de ganho, o que significa que o rendimento sofre uma quebra de 12%. III - A circunstância da ofendida não exercer qualquer actividade remunerada à data do acidente, por apenas ter treze anos de idade e ser estudante, não pode afectar a existência previsível de danos patrimoniais futuros. IV - 2000000 escudos constituem uma indemnização por danos patrimoniais equitativa e equilibrada. V - Na fixação por danos morais, no caso, terão de se ter em atenção os artigos 483, 494, 496 ns. 1 e 3, 562 e 566, ns. 1 e 2 do Código Civil. VI - A indemnização por danos morais tem por finalidade compensar desgostos e sofrimentos suportados e a suportar pelo lesado, de modo a suavisar-lhe as agruras da nova vida...
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