Acórdão nº 97A199 de Supremo Tribunal Administrativo (Portugal), 30 de Setembro de 1997 (caso None)
Magistrado Responsável | HERCULANO LIMA |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 ART496 N3 ART566 N2.
Jurisprudência Nacional: AC STJ PROC73322 DE 1986/05/15. AC STJ PROC83505 DE 1993/05/26. AC STJ PROC84384 DE 1994/01/12.
Sumário : I - A incapacidade permanente para o trabalho é conclusão de facto que não pode ser sindicada pelo Supremo. II - O cálculo dos lucros cessantes deve assentar em critérios de verosimilhança ou de probabilidade, atendendo-se ao que aconteceria, segundo o curso normal das coisas, e recorrendo à equidade quando se não possa averiguar a sua exactidão, pelo que, em princípio, a indemnização a atribuir ao lesado deve ser um capital produtor de rendimento que cubra a diferença entre a situação anterior e a actual durante o período de vida activa, findo o qual...
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