Acórdão nº 97B080 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1997
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 10 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART721 N2 ART722 N2 ART456 N1 N2. CE54 ART7 N1 N5 ART11. CCIV66 ART56 N2 ART483 ART496 N1 N3 ART492 ART512 N1 N2 ART513 ART517 ART519 N1 ART564 ART563 ART566 N2 ART692 N2 ART741 ART753 ART805 N3. L 2127 DE 1965/08/03 BXXXVII. DL 522/85 DE 1985/12/31 ART5 A ART8 N1. DL 122-A/86 DE 1986/05/30.
Jurisprudência Nacional: AC STJ DE 1992/11/03 IN BMJ N421 PAG400.
Sumário : I - Em acidentes de viação a determinação da culpa e respectiva graduação constitui matéria de facto de direito quando resulta da inobservância de preceitos legais e regulamentares; e constitui matéria de facto quando decorra da inobservância dos deveres gerais de diligência. II - Em matéria de danos patrimoniais, e mais concretamente lucros cessantes e danos emergentes, a fixação da indemnização não pode apenas resultar da aplicação rigorosamente matemática deste ou daquele factor, nomeadamente de determinado grau de inflação, ou de certa taxa previsível de juros. III - É exígua uma...
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