Acórdão nº 9150009 de Court of Appeal of Porto (Portugal), 29 de Abril de 1991
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 29 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART562 ART564 N2.
Jurisprudência Nacional: AC STJ DE 1977/05/10 IN BMJ N267 PAG144. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1981/05/19 IN BMJ N307 PAG247. AC RC DE 1985/02/21 IN CJ T1 ANOX PAG69. AC STJ DE 1986/05/08 IN BMJ N357 PAG396.
Sumário: I - Tratando-se de danos futuros, a reconstituição da situação que existiria se não se tivesse verificado o evento causador do acidente ( cf. artigo 562 do Código Civil ) exige que a indemnização represente um capital que, extinguindo-se no fim da vida activa do lesado, seja susceptível de garantir, durante ela, as prestações periódicas correspondentes à sua perda de ganho. II - São de aceitar para tal cálculo as tabelas financeiras - com base na taxa de juro de 9 por cento -...
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