Acórdão nº 9650050 de Court of Appeal of Porto (Portugal), 10 de Abril de 1997
| Magistrado Responsável | TEIXEIRA RIBEIRO |
| Data da Resolução | 10 de Abril de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART566 N1 ART562. CIVA84 ART20 ART21 A.
Jurisprudência Nacional: AC STJ DE 1995/05/20 IN CJSTJ T2 ANOIII PAG97. AC STJ DE 1996/05/09 IN CJSTJ T2 ANOIV PAG61. AC STJ DE 1993/11/16 IN BMJ N432 PAG384. AC STJ DE 1974/06/04 IN BMJ N238 PAG204.
Sumário: I - Se a reparação do veículo custar 1.125.993$00, valendo os salvados 130.000$00, e tendo ele, à data do acidente, um valor comercial que não excedia 600.000$00, há que considerar ser a reconstituição natural excessivamente onerosa para o devedor. II - Neste caso, o lesado deverá receber o valor correspondente a um veículo no mesmo estado e condições daquele em que estava o seu antes do acidente, deduzido do valor dos salvados que tem em seu...
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