Acórdão nº 0048946 de Supremo Tribunal Administrativo (Portugal), 18 de Abril de 1996 (caso None)
Magistrado Responsável | RIBEIRO COELHO |
Data da Resolução | 18 de Abril de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 48051 DE 1967/11/21 ART5. CCIV66 ART309 ART342 N2 ART474 ART482 ART498 N1 N4 ART499.
Sumário: I - A prescrição de direitos de crédito segue prazos diversos, designadamente: - no caso de direito de indemnização com base em responsabilidade civil por facto ilícito ou pelo risco, em geral, três anos a contar do conhecimento do direito, mesmo desconhecendo o lesado a extensão integral dos danos; - no caso de direito emergente de enriquecimento sem causa, três anos a contar da data em que o credor teve conhecimento do seu direito e da pessoa do responsável; - no caso do prazo ordinário de prescrição, válido designadamente para a responsabilidade contratual, vinte anos, salvo a aplicabilidade de casos especiais. II - Uma vez prescrito o direito de indemnização com base naquela responsabilidade civil, o n. 4 do artigo 498 do Código...
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