Acórdão nº 9530028 de Court of Appeal of Porto (Portugal), 13 de Julho de 1995
Magistrado Responsável | COELHO DA ROCHA |
Data da Resolução | 13 de Julho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART498 ART562 ART564 ART566 ART496 N3.
Sumário: I - É de cinco anos o prazo de prescrição do direito à indemnização por acidente de viação culposo de que haja resultado para o ofendido qualquer dos efeitos consagrados no artigo 143 do Código Penal, tendo em conta o disposto nos artigos 148 n.3, e 117 n.1 alínea c) do Código Penal e 498 do Código Civil. II - Tendo ocorrido há cinco anos um acidente de viação de que resultou para o ofendido uma incapacidade permanente parcial, quando era funcionário, a indemnização pelos danos emergentes e lucros cessantes deverá pautar-se pela teoria da diferença emergente dos artigos 562, 564 e 566 do Código Civil em que deve ter-se em conta o factor inflacionário da moeda. III - A indemnização correspondente aos danos morais do lesado deve ser calculada segundo critérios de equidade, tendo em conta os factores assinalados no artigo 496 n.3 do Código Civil, atingindo-se uma compensação que possa conferir ao lesado um...
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