Acórdão nº 074359 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1987
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 25 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART342 ART483 ART496 ART562 - ART572 ART798 - ART812. CPC67 ART722 N2 ART729 N2 ART755 N2.
Sumário : I - Dano e todo o prejuizo real que o lesado sofreu in natura em forma de destruição, subtracção ou deterioração de um certo bem, corporeo ou ideal. II - Se o prejuizo for avaliavel em dinheiro, trata-se de um dano patrimonial. III - Se for insusceptivel de avaliação pecuniaria, representando a indemnização somente uma compensação dada ao lesado para, de algum modo, contrabalançar os males - - dores fisicas, desgostos, vexames - trata-se de um dano não patrimonial. IV - O dano emergente traduz-se numa verdadeira perda ou desfalque de valores que ja constituem o patrimonio do lesado. V - O lucro cessante consiste na privação de um acrescimo patrimonial. VI - A secção V do Codigo Civil - artigo 483 e seguintes - visa primordialmente a responsabilidade extracontratual. VII - A existencia e extensão do dano envolve materia de facto. VIII - A fixação da indemnização...
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