Acórdão nº 0037531 de Supremo Tribunal Administrativo (Portugal), 16 de Abril de 1991 (caso None)
| Magistrado Responsável | DIOGO FERNANDES |
| Data da Resolução | 16 de Abril de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: A VARELA OBRIGAÇÕES PAG428.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART483 ART487 ART496 ART562 ART566 N3. CPC67 ART684 N3 ART690.
Jurisprudência Nacional: AC STJ DE 1977/11/17 IN BMJ N271 PAG207. AC STJ DE 1977/11/22 IN BMJ N271 PAG212.
Sumário: I - Se no tocante aos danos patrimoniais a sua fixação procede de dois critérios para encontrar o valor indemnizatório - taxas de inflação sobre o salário da vítima e taxas de juro legais -, aí praticando-se a média dos dois critérios, não pode a seguradora obrigada a indemnizar obter alteração desse decidido apenas por aplicação de um dos critérios, se no recurso não ataca essa base da decisão. II - Tem de equiparar-se a incapacidade temporária absoluta da vítima à perda do rendimento familiar resultante da actividade profissional da mesma. III - Não pode haver cumulação de indemnização por acidente...
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