Acórdão nº 9551145 de Court of Appeal of Porto (Portugal), 22 de Abril de 1996
Data | 22 Abril 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE. PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CRC95 ART5 ART261. CCIV66 ART562. CPC67 ART661 N2 ART805 N3 ART566 N2.
Jurisprudência Nacional: AC STJ DE 1994/02/08 IN CJSTJ T1 ANOII PAG85. AC RL DE 1995/01/20 IN CJ T1 ANOXX PAG1051. AC STJ DE 1993/06/08 IN CJSTJ T2 ANOI PAG138. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. AC RC DE 1985/02/21 IN CJ T1 ANOX PAG69. AC STJ DE 1995/09/28 IN CJSTJ T3 ANOIII PAG36. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188.
Sumário: I - Os documentos juntos com a petição inicial devem considerar-se parte integrante da mesma, suprindo, nessa medida, eventuais lacunas dela. II - A idade do ofendido em acidente de viação não é de prova vinculada a certidão do registo civil, visto que a mesma não integra o thema decidendum, sendo só um elemento probatório relativo ao montante da indemnização pelos danos futuros. III - Sendo, como é no caso, de presumir que, durante o tempo de incapacidade para o trabalho consequente das lesões que sofreu, o ofendido recebeu os correspondentes subsídios da Segurança Social, embora de montante inferior aos salários de que ficou privado, a indemnização pelos...
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