Acórdão nº 048542 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1996
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 31 de Janeiro de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLI PAG407. CORREIA JESUS IN ROA 1969 PAG64. V SERRA IN CULPABILIDADE DO PREJUDICADO IN BMJ N86 N2.
Área Temática: DIR CIV - DIR OBG. DIR CRIM - TEORIA GERAL. DIR PROC PENAL. DIR TRAB.
Legislação Nacional: CCIV66 ART483 ART487 N2 ART498 ART563 ART570 N1 ART572 ART799 N1. LCT69 ART95. CPP87 ART71. CP82 ART197 N1 B ART424 N1 ART437.
Sumário : I - Para existir obrigação de indemnização do ofendido, nos termos dos artigos 563, 570 n. 1 e 487 n. 2 do Código Civil, é necessário que se possa estabelecer uma ligação efectiva (positiva) entre a lesão e o dano através da previsibilidade deste em face daquela, que o acto do lesado tenha sido uma das causas do dano, consoante os mesmos princípios de causalidade aplicáveis ao agente e que o lesado...
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