Acórdão nº 9741168 de Court of Appeal of Porto (Portugal), 20 de Janeiro de 1999
Magistrado Responsável | VEIGA REIS |
Data da Resolução | 20 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: CITA SOUSA DINIS IN CJSTJ T2 ANOV PAG11.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CP95 ART148 N1 N3 ART144 D. CCIV66 ART494 ART496 ART566 N3.
Jurisprudência Nacional: AC RC DE 1995/04/04 IN CJ T2 ANOXX PAG23. AC STJ DE 1993/02/04 IN CJSTJ T1 ANOI PAG128. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86.
Sumário: I - Os critérios normalmente utilizados para cálculo do capital produtor do rendimento perdido pelo lesado em consequência da diminuição da sua capacidade de ganho a quer os que recorrem às tabelas financeiras, quer os que recorrem a formulas matemáticas constituem meros instrumentos de trabalho destinados a evitar o visto de o recurso à equidade redundar em discricionaridade. II - A opção pelo critério das formulas matemáticas que vem sendo feita pela jurisprudência justifica-se por ser o que possibilita uma aproximação mais correcta à realidade de cada caso concreto, enquanto que as tabelas financeiras não são garantia segura da justa medida do ressarciamento já que o juiz tem de atender à multiplicidade e especificidade das...
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