Acórdão nº 0045331 de Court of Appeal of Lisbon (Portugal), 02 de Julho de 1991
| Data | 02 Julho 1991 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ANTUNES VARELA DAS OBRIGAÇÕES EM GERAL V1 PAG567.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART496.
Jurisprudência Nacional: AC RE DE 1987/02/19 CJ T1 PAG308.
Sumário: I - A indemnização por danos não patrimoniais não visa reconstituir a situação que existiria se não se tivesse verificado o evento, mas sim compensar de alguma forma o lesado pelos danos físicos e morais e também sancionar a conduta do lesante. II - O equivalente económico aos danos não patrimoniais deve ser fixado em função do valor da moeda ao tempo do encerramento da discussão da causa na primeira instância. III - O montante da indemnização correspondente aos danos não patrimoniais deve ser cálculado em qualquer caso (haja dolo ou mera culpa do lesante) segundo critérios de equidade, atendendo ao grau de culpabilidade do...
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