Acórdão nº 9230388 de Court of Appeal of Porto (Portugal), 08 de Julho de 1992
| Magistrado Responsável | CALHEIROS LOBO |
| Data da Resolução | 08 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART12 ART506 ART508 N1 NA REDACÇÃO DO DL 190/85 DE 1985/06/24.
Jurisprudência Nacional: AC STJ DE 1973/11/20 IN BMJ N231 PAG151. AC RP DE 1986/10/30 IN CJ ANOXI T4 PAG242. AC RP DE 1988/02/04 IN CJ ANOXIII T1 PAG209.
Sumário: I - O crédito à indemnização surge no momento do acidente de viação e por efeito deste, sendo o montante indemnizatório determinado pelo direito vigente nesse momento. II - O artigo 508 do Código Civil, com a redacção do Decreto-Lei nº 190/85, de 24 de Junho, só se aplica aos acidentes ocorridos após a sua entrada em vigor. III - A jurisprudência e a doutrina, ao estabelecerem a necessidade de se apurar...
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