Acórdão nº 96B291 de Supremo Tribunal Administrativo (Portugal), 21 de Novembro de 1996 (caso None)
Magistrado Responsável | MIRANDA GUSMÃO |
Data da Resolução | 21 de Novembro de 1996 |
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 ART483 ART559 ART561 ART566 N2 N3 ART805 N3. L 2127 DE 1965/08/03 BII BXXIII.
Jurisprudência Nacional: AC STJ DE 1977/06/04 IN BMJ N238 PAG204. AC STJ PROC84701 DE 1994/02/03. AC STJ DE 1979/03/08 IN BMJ N285 PAG290. AC STJ DE 1995/09/28 IN CJSTJ ANOIII TIII PAG36.
Sumário : I - O cálculo dos danos patrimoniais decorrentes de incapacidade parcial permanente é feita com base nas leis laborais próprias para o cálculo das pensões correspondentes e sua remissão, ou através de apreciação equitativa. II - O critério a aplicar será aquele que estiver mais conforme com as implicações da teoria da diferença: atender na fixação da indemnização à desvalorização da moeda... e à extinção da...
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