Acórdão nº 079662 de Supremo Tribunal de Justiça (Portugal), 05 de Dezembro de 1991
| Magistrado Responsável | PIRES DE LIMA |
| Data da Resolução | 05 de Dezembro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART562 ART563 ART566 N2 ART666.
Jurisprudência Nacional: AC STJ DE 1984/03/27 IN BMJ N335 PAG283. AC RC DE 1982/07/13 IN CJ 1982 V4 PAG48.
Sumário : I - A obrigação primeira de indemnizar consiste na restauração natural e so quando esta e impossivel ou excessivamente onerosa e que surge a indemnização a ser fixada em dinheiro (artigo 562, 563 e 566 do Codigo Civil). II - A indemnização em dinheiro tem por medida a diferença (a chamada teoria da diferença) entre a situação patrimonial do lesado na data mais recente que puder ser atendida pelo Tribunal e a que teria, nessa data, se não existissem danos (artigo 566 n. 2 do Codigo Civil). III...
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