Acórdão nº 98B337 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1998
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 28 de Maio de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART496.
Jurisprudência Nacional: AC STJ DE 1996/11/28. AC STJ DE 1997/01/22. AC STJ DE 1997/10/09.
Sumário : I - Por vezes, a incapacidade parcial permanente resultante de acidente de viação não se traduz em dano de natureza patrimonial. II - É o que sucede quando se não prove que de tal incapacidade tenha resultado ou vá previsivelmente resultar uma efectiva diminuição dos rendimentos do lesado, como por ex. a redução de salário, o atraso ou impossibilidade de promoção na carreira, a impossibilidade de dedicação a actividades económicas autónoma ou concomitantemente com trabalho por conta de outrem, a reforma prematura com redução de salário etc. III - Em tal eventualidade, é critério razoável que a compensação por dano não patrimonial resultante de incapacidade seja calculada com base na percentagem de maior esforço físico e psíquico necessário para obter o mesmo rendimento que o lesado...
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