Acórdão nº 082232 de Supremo Tribunal de Justiça (Portugal), 17 de Novembro de 1992
Magistrado Responsável | AMANCIO FERREIRA |
Data da Resolução | 17 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR ECON - DIR SEG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART494 ART496 N1 N3 ART503 N3 ART564 N2 ART805 N3. CE54 ART57 N1. DL 262/83 DE 1983/06/16. DL 522/85 DE 1985/12/31 ART6 N1. DL 436/86 DE 1986/12/31.
Jurisprudência Nacional: AC STJ DE 1977/05/10 IN BMJ N267 PAG144. AC STJ DE 1979/07/09 IN BMJ N283 PAG260. AC STJ DE 1981/05/19 IN BMJ N307 PAG242. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. AC STJ DE 1986/05/15 IN BMJ N357 PAG412.
Sumário : I - Nos termos do n. 2 do artigo 564 do Código Civil, na fixação de indemnização pode o tribunal atender aos danos futuros, nos quais se incluem os resultantes da perda da capacidade laboral por parte do lesado. II - A indemnização a pagar ao lesado no caso de perda da capacidade laboral deve representar um capital que se extinga no fim da sua vida activa e seja susceptível de garantir, durante esta, as prestações periódicas correspondentes ao seu desaparecimento de ganhos. III - Nos termos do n. 3 do artigo 805 do Código Civil, na redacção do Decreto-Lei n. 262/83, de 16 de Junho, na hipótese de responsabilidade por facto ilícito ou pelo risco, o devedor constitui-se em mora desde a citação, mesmo que o crédito seja ilíquido. IV - As pessoas civilmente responsáveis pelos acidentes de trânsito poderão transferir essa responsabilidade para quaisquer companhias de seguros, devidamente...
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