Acórdão nº 9530826 de Court of Appeal of Porto (Portugal), 31 de Outubro de 1996
Magistrado Responsável | DIOGO FERNANDES |
Data da Resolução | 31 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART562 ART566 N1 N2.
Jurisprudência Nacional: AC STJ DE 1993/06/08 IN CJSTJ T2 ANOI PAG138. AC RE DE 1987/10/20 IN CJ T4 ANOXII PAG206. AC RE DE 1984/04/12 IN CJ T2 ANOIX PAG283.
Sumário: I - O cálculo da frustração de ganho deve conduzir a um capital que considere a produção de um rendimento durante todo o tempo de vida activa do lesado, adequado ao que auferiria se não fosse a lesão correspondente ao grau de incapacidade e adequado a repor a perda sofrida. II - Para tanto há que entrar em linha de conta com a idade do lesado à data do acidente, o prazo de vida previsível, os rendimentos auferidos ao longo desse tempo, os encargos, o grau de incapacidade, além de outros elementos, eventualmente atendíveis, e, não sendo possível apurar o valor exacto dos danos sofridos, haverá que recorrer à equidade. III - Tendo o lesado 29 anos de idade, trabalhando todos os dias, de Segunda a...
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