Acórdão nº 4402/08.6TBAMD.L1-8 de Court of Appeal of Lisbon (Portugal), 11 de Novembro de 2009
Data | 11 Novembro 2009 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: «I. A providência cautelar nominada de «Arbitramento de reparação provisória» prevista no artigo 403.º do Código de Processo Civil, visa facultar a fixação judicial de uma quantia pecuniária, sob a forma de renda mensal, com vista à reparação provisória do dano; II. O seu deferimento deve assentar na verificação da existência de uma situação de necessidade que brote especificamente dos danos sofridos pelo requerente, pressupondo que existam indícios da existência de obrigação de indemnizar da responsabilidade do requerido; III. Aqui, como nos demais procedimentos que visam acautelar o efeito útil das decisões a proferir nas acções definitivas, o decreto judicial funda-se numa instrução sumária (summaria cognitio) e na mera aparência de existência do direito brandido («fumus boni júris»); IV. Na fixação do montante mensal compensatório atender-se-á à equidade, nos termos do estatuído no n.º 3...
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