Acórdão nº 9730131 de Court of Appeal of Porto (Portugal), 10 de Abril de 1997
| Magistrado Responsável | ALVES VELHO |
| Data da Resolução | 10 de Abril de 1997 |
| 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 ART566 N3 ART805 N3 ART483 N2 ART499 ART506 N2.
Jurisprudência Nacional: AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG88. AC RC DE 1995/04/04 IN CJ T2 ANOXX PAG26. AC RC DE 1978/10/11 IN CJ T5 ANOIV PAG1158. AC RC DE 1979/07/17 IN BMJ N291 PAG543.
Sumário: I - A indemnização pela perda de ganho, quer efectiva, quer apenas da sua capacidade, deve ser calculada tendo em atenção o período provável de vida activa do lesado, de modo a representar um capital susceptível de produzir um rendimento capaz de cobrir a perda de ganho atendível até ao fim desse período que também aí se esgota. II - A indemnização por danos não patrimoniais destina-se a, na medida do possível, proporcionar ao lesado uma compensação que lhe permita...
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