Acórdão nº 040538 de Supremo Tribunal de Justiça (Portugal), 17 de Abril de 1991 (caso NULL)
Data | 17 Abril 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART142 N1 ART145 N1. CCIV66 ART495 ART496 ART562 ART563.
Sumário : I - Actua, relativamente a morte da vitima, em condições de voluntariedade indirecta, o condutor que, a partir da sua previsibilidade, não adere aos ditames desta, apesar de os mesmos lhe serem plenamente perceptiveis; II - A intensidade do facto, ao nivel dos delitos preterintencionais, assume-se essencialmente em função do resultado; III - O quantum da obrigação de indemnizar (artigo 495 do Codigo Civil) os danos patrimoniais calcula-se de acordo com a teoria da diferença pela reposição da situação anterior a despesa (artigos 562 e 563, do Codigo Civil); IV - A reparação dos danos não patrimoniais, no caso de morte da vitima (artigo 496 do Codigo Civil), calcula-se por criterios...
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