Acórdão nº 066013 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1976
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 09 de Março de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV.
Legislação Nacional: CCIV66 ART209 ART310 ART325.
Sumário : I - Logo que o lesado tenha conhecimento do direito a indemnização começa a contar-se o prazo de tres anos estabelecido no n. 1 do artigo 498 do Codigo Civil. Desde o dano começa tambem a correr, porem, o prazo ordinario, ou seja, o de vinte anos. II - Aquele prazo de tres anos e de prescrição, susceptivel, por isso, de interrupção nos casos previstos na lei. III - Se os demandados reconheceram unilateralmente, em documentos particulares, a sua responsabilidade no ilicito praticado, e se comprometeram a pagar a indemnização que viesse a ser apurada, tal reconhecimento , subsumivel a previsão do artigo 458 do Codigo Civil, não integra, por si, qualquer vinculo de natureza puramente contratual. IV - Aqueles documentos, quando muito representam apenas reconhecimento do credito invocado...
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