Acórdão nº 9330791 de Court of Appeal of Porto (Portugal), 01 de Março de 1994
| Magistrado Responsável | ARAUJO BARROS |
| Data da Resolução | 01 de Março de 1994 |
| 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 ART494 ART496 ART566 N2 ART805 N3.
Jurisprudência Nacional: AC STJ DE 1972/05/16 IN BMJ N217 PAG106. AC STJ DE 1990/01/17 IN BMJ N393 PAG585. AC STJ DE 1990/02/08 IN BMJ N394 PAG469. AC STJ DE 1993/01/14 IN CJSTJ T1 ANOI PAG34.
Sumário: I - O dano traduzido em perda parcial da capacidade de trabalho reveste sempre a natureza de dano patrimonial, ainda que da perda da capacidade de trabalho não resulte perda de vencimento. II - As disposições dos artigos 566, número 2 e 805, número 3 do Código Civil traduzem formas diferentes e alternativas de actualização da indemnização. III - Se o autor peticiona uma quantia fixa poderá o tribunal actualizar o " quantum " indemnizatório pelo recurso ao critério do artigo 566, número 2. IV - Mas se o autor peticiona juros desde a citação, já o...
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