Acórdão nº 0224355 de Court of Appeal of Porto (Portugal), 15 de Fevereiro de 1990
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 15 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART506 N1 N2 ART508 N1 ART805 N3 ART2131. L 82/77 DE 1977/06/12 ART20.
Jurisprudência Nacional: AC STJ DE 1974/05/31 IN BMJ N237 PAG241.
Sumário: I - O artigo 506 do Código Civil refere-se a casos de colisão de veículos e abrange todos os danos sujeitos a reparação nos termos dos artigos anteriores, quer se trate de danos sofridos pelo veículo, quer dos sofridos pelas pessoas transportadas. II - O n. 1 prevê casos de comprovada inexistência de culpa. III - Na primeira parte do n. 2 contempla-se a hipótese de haver dúvidas quanto a existência ou inexistência de culpa, considerando-se, no caso de não se saber se houve ou não culpa de qualquer dos condutores, igual à medida da contribuição de cada um deles para os danos. IV - A indemnização por danos não patrimoniais destina-se a dar ao lesado uma satisfação ou compensação pelo dano sofrido, proporcionando-lhe situações de prazer e alegria que neutralizem, quanto possível, a intensidade da dor física. V - O seu montante deve ser fixado equitativamente, tendo-se em atenção, em cada caso, o grau de...
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