Acórdão nº 9120251 de Court of Appeal of Porto (Portugal), 30 de Março de 1992
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 30 de Março de 1992 |
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 ART496 N1 N3. DL 522/85 DE 1985/12/31 ART21 N1 A N2. DL 387-B/87 DE 1987/12/29 ART7 N1.
Jurisprudência Nacional: AC RP DE 1990/04/17 IN CJ ANOXV T2 PAG231.
Sumário: I - Por força do nº 3 do artigo 496 do Código Civil a determinação dos danos não patrimoniais é atribuída pela lei à jurisprudência, que, por isso, deve apreciar em cada caso concreto, se são merecedores da tutela do direito, isto é, de ser indemnizados, reparados ou compensados, não sendo este princípio afectado pelo disposto no nº 1 daquele artigo. II - A responsabilidade civil do Fundo de Garantia Automóvel não coincide com a do lesante, perspectivando-se com pressupostos não inteiramente coincidentes consoante se trate de danos resultantes da morte ou de lesões corporais, ou de danos resultantes de lesões materiais: para o primeiro caso é necessário que o responsável seja desconhecido ou não beneficie de seguro válido e eficaz; no segundo o âmbito da garantia é mais restrito, abrangendo apenas aqueles casos em que o responsável, sendo conhecido e não beneficiando de seguro válido ou eficaz, revela manifesta...
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