Acórdão nº 99A477 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1999 (caso NULL)
| Magistrado Responsável | ARAGÃO SEIA |
| Data da Resolução | 07 de Julho de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 ART496 N3 ART566 N1 N2.
Jurisprudência Nacional: AC RL DE 1998/06/04 IN CJ ANOXXIII TIII PAG124.
Sumário : I - Deve o lesante fazer as reparações necessárias, indemnizar o dono pelas despesas realizadas com o veículo com origem no acidente. O lesado não é obrigado a adoptar medidas idóneas para defender os interesses do lesante, pois isso não lhe é imposto pelo princípio da boa fé. II - A reposição natural será inadequada quando houver manifesta desproporção entre o interesse do lesado, que deve ser reconstituído, e o custo da reposição natural que o lesante terá de suportar (mas daí não pode resultar benefício para o lesante para não restituir o lesado a situação que existiria...
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