Acórdão nº 9110877 de Court of Appeal of Porto (Portugal), 01 de Abril de 1993
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 01 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART562 ART563 ART566 ART805 N3.
Sumário: I - O princípio da reposição ou restauração natural consagrado no artigo 562 do Código Civil consubstanciado, no domínio dos acidentes de viação de que decorrem apenas danos materiais nos veículos intervenientes, no conserto das partes sinistradas, traduz a forma mais eficaz de repôr as coisas no mesmo estado em que se encontravam anteriormente à lesão. II - A restauração natural só deve ser substituída pelo resssarcimento pecuniário dos danos ocorridos nos casos previstos no artigo 566, nº 1 do Código Civil. III - Num caso em que o veículo sinistrado tinha, à data do acidente, o valor comercial de 550000 escudos, sendo de 200000 escudos o valor dos salvados, e o custo da reparação dos danos decorrentes do acidente ascendia a 676729 escudos, a indemnização deve ser fixada neste último montante, atendendo ao princípio acima enunciado, à culpa exclusiva do segurado, e à circunstância de o sucedâneo pecuniário correspondente à diferença entre o valor comercial do veículo e o valor dos salvados não reparar integralmente o dano sofrido pelo lesado. IV - E não há que falar em excessiva onerosidade para o devedor, pois que, sendo esta apreciada segundo um critério objectivo de valoração jurídica, os valores pecuniários em apreço são reduzidos, comparativamente com o custo de aquisição de qualquer veículo automóvel. V - A liquidez de um crédito ou de uma...
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