Acórdão nº 9630710 de Court of Appeal of Porto (Portugal), 09 de Janeiro de 1997
Magistrado Responsável | SALEIRO DE ABREU |
Data da Resolução | 09 de Janeiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART495 N3 ART496 N3.
Jurisprudência Nacional: AC STJ DE 1991/05/09 IN CJSTJ T3 ANOXVI PAG10. AC STJ DE 1996/02/29 IN CJSTJ T1 ANOIV PAG104. AC RC DE 1992/05/12 IN CJ T3 ANOXVII PAG103. AC RL DE 1995/05/05 IN CJ T3 ANOXX PAG95.
Sumário: I - O artigo 495 n.3 do Código Civil, não concede o direito de indemnização de todos e quaisquer danos patrimoniais que tenham sido causados aos que podiam exigir alimentos ao falecido e, muito menos, da eventual perda do aforro que a vítima poderia obter durante certo período de tempo e que se lhes transmitiria. O direito de indemnização que lhes assiste é apenas o do dano da perda de alimentos que o lesado, se fosse vivo, teria de prestar-lhes, sendo por esse prejuízo que a indemnização se mede. II - No caso de morte, podem ser atendidos os danos não...
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