Acórdão nº 076592 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1988
Magistrado Responsável | FERNANDES FUGAS |
Data da Resolução | 14 de Dezembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART561 - ART564 ART566 N2 ART805 N3 ART806. DL 262/83 DE 1983/06/16. CPC67 ART273 N2 N3 ART663 N1 ART677 ART682 ART684 N4. CE54 ART68.
Jurisprudência Nacional: AC STJ DE 1985/02/28 IN BMJ N344 PAG397. AC STJ DE 1985/02/21 IN BMJ N344 PAG427. ASS STJ DE 1966/12/20 IN RLJ N100 PAG216.
Sumário : I - Tendo-se decidido, por decisão transitada proferida em acção anterior com as mesmas partes, que e de aplicação imediata as acções pendentes, o dispositivo do n. 3 do artigo 805 do Codigo Civil (introduzido pelo Decreto-Lei n. 262/83 de 16 de Junho), não pode essa mesma questão voltar a ser apreciada em mera acção em que, para alem da indemnização em que os Reus foram condenados na primeira acção, os Autores vieram pedir juros de mora, a partir da citação então realizada, sobre o montante da indemnização fixada. II - Sem prejuizo: 2.1. Pelo dispositivo do n. 2 do artigo 566 do Codigo Civil, que consagra a chamada "teoria da diferença", e que se mantem em vigor, o calculo da indemnização por danos emergentes de acidente de viação, tem de atender ao valor dos prejuizos considerando a data mais recente que possa ser atendida pelo Tribunal, o que ja implica a valorização de tais prejuizos, incluindo os emergentes da demora na fixação da indemnização. 2.2. Ora, o modo...
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