Acórdão nº 9430251 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1996
| Data | 10 Janeiro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART562 ART564 N2 ART566 N3.
Jurisprudência Nacional: AC STJ DE 1980/01/22 IN BMJ N293 PAG331. AC STJ DE 1974/06/04 IN BMJ N238 PAG209.
Sumário: I - A jurisprudência dos Tribunais Superiores entende que no caso de contravenção causal de acidente de viação existe uma presunção de culpa a ilidir nos termos gerais das presunções judiciais. II - A medida da indemnização nos casos de perda de rendimento deve ter como referência um conhecido cálculo financeiro, adoptado desde há muito uniforme e correntemente pelo Supremo Tribunal de Justiça, que melhor servirá a teoria da diferença, tendo em atenção o tempo provável de vida activa do lesado, de forma a representar...
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