Acórdão nº 073898 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1987
Data | 11 Junho 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 N1 ART494 ART496 N1 N3 ART562 ART564 N1 ART566 N1 N2. CE54 ART7 N1. CPC67 ART514 N1 ART661 ART668 N1 E.
Jurisprudência Nacional: AC STJ DE 1985/07/18 IN BMJ N349 PAG496. AC STJ DE 1980/02/28 IN BMJ N294 PAG283. AC STJ DE 1985/07/18 IN BMJ N349 PAG504.
Sumário : I - Os danos não patrimoniais são aqueles prejuizos que não são susceptiveis de avaliação em dinheiro (o facto danoso representa uma lesão de interesse de ordem espiritual). II - A noção de dano não patrimonial e, no fundo, residual:- O dano não patrimonial e, justamente, todo o dano que não for patrimonial e so pode definir-se por mera exclusão. III - Para fixação do montante da indemnização por danos não patrimoniais, a lei manda atender a um criterio de equidade (artigo 496 n. 3 do Codigo Civil), devendo, nos termos desta disposição legal, fazer-se uso de circunstancias previstas no artigo 494 do mesmo diploma. IV - Assim, ha que atender ao grau de culpabilidade do agente, a situação...
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