Acórdão nº 068776 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1980
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 28 de Outubro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART4 A ART566 N3. CPC67 ART268 ART506 ART514 N1 ART660 N2 ART661 N1 ART663 N1 N3.
Sumário : I - Se não se puder averiguar o valor exacto dos danos, o tribunal julgará equitativamente dentro dos limites que tiver por provados, não podendo, porém, os julgadores aqui discricionariamente, mas com o prudente arbítrio, atentas as circunstâncias do caso, podendo o Supremo censurar a aplicação do artigo 566, n. 3 do Código Civil. II - Assim, a Relação não tinha elementos probatórios ou notórios para alterar o montante dos danos patrimoniais da vítima, concluindo, sem qualquer base que ela não trabalhava na venda ambulante de peixe...
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