Acórdão nº 9220721 de Court of Appeal of Porto (Portugal), 13 de Abril de 1993
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 13 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS.
Legislação Nacional: CONST76 ART65 N1. CCIV66 ART216 N1 N2 N3 ART479 N1 ART551 ART1273 N1 N2. CP82 ART308. CPC67 ART514 ART661 N2 ART663 N1.
Sumário: I - No contexto do nº 2 do artigo 1273 do Código Civil, detrimento não significa perda de valor, mas sim danos, estragos, deteriorações, e refere-se às coisas, e não às benfeitorias; mas a apreciação desse detrimento terá de fazer-se em relação à coisa já objecto de benfeitorias e não ao estado em que se encontrava antes de estas terem sido feitas. II - É facto notório o que, resultando da experiência do comum das pessoas, é, por isso, do conhecimento geral. III - Não pode equiparar-se ao não levantamento das benfeitorias úteis para evitar o detrimento da coisa a inviabilização desse levantamento por voluntária danificação dessas benfeitorias, conduta qualificável como ilícito criminal ( dano voluntário - artigo 308 do Código Penal ). IV - A indemnização, nos termos do artigo 479, nº 1, a que se refere o artigo 1273, nº 2 do Código Civil, há-de corresponder ao valor que o titular tiver obtido à custa do empobrecido, estando, pois, a sua medida sujeita a dois limites: o do custo, que, neste caso, consistirá em regra, no empobrecimento do possuidor, e o do valor actual, que representa o...
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