Acórdão nº 0074355 de Supremo Tribunal Administrativo (Portugal), 31 de Maio de 1994 (caso None)
| Magistrado Responsável | CURTO FIDALGO |
| Data da Resolução | 31 de Maio de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: ANTUNES VARELA IN OBRIGAÇÕES VII PAG110.
Área Temática: DIR PROC PENAL. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART496 N3 ART566 N3 ART805 N3. CE54 ART7 N1 N2 H.
Jurisprudência Nacional: AC STJ DE 1980/10/28 IN BMJ N300 PAG386. AC RL DE 1990/02/20 IN CJ TI PAG188 PAG189. AC RE DE 1986/03/13 IN JR TII PAG237.
Sumário: I - A obrigação de indemnizar por danos morais, que depender de prévia e controvertida averiguação para fixar o respectivo montante, é ilíquida; e, enquanto não se tornar líquida a obrigação, não há mora, se a falta de liquidez não for imputável ao devedor. II - A regra do n. 3, artigo 805 CC, para determinação do momento da constituição em mora, tratando-se de responsabilidade por facto ilícito e sendo a obrigação ilíquida, é a citação do...
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