Acórdão nº 97P703 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1997
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 26 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: DIOGO LEITE DE CAMPOS IN BMJ N365 PAG15. GALVÃO TELES IN DIREITO DAS SUCESSÕES PAG87.
Área Temática: DIR CIV - DIR RESP CIV. DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CPP87 ART77. CP95 ART129 ART275 N2. CCIV66 ART70 ART483 ART494 ART496 N2 ART564 N2 ART2004 ART2009.
Sumário : I - Sendo a obrigação ilíquida, não vence juros de mora, mas sim juros compensatórios ou indemnizatórios. II - A obrigação de indemnização é uma obrigação de valor. Só com a liquidação se converte em obrigação pecuniária. Daí decorrem três corolários: a) na obrigação de indemnizar compreendem-se os danos emergentes e os lucros cessantes, de modo a reconstruir a situação que existiria se não se tivesse verificado o evento danoso (artigos 562 e 564, do CC); b) os juros de mora, próprios da obrigação pecuniária, só são devidos após a liquidação; c) como os juros compensatórios fazem parte da indemnização, não são cumuláveis com a correcção monetária em função das taxas de inflação, pois isso...
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