A prescrição da obrigação de indemnizar

• Autor(a) principal: Lacão, Paulo Manuel Leal
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/35347
• topic: Direito

The present text is not characterized by the defence of a single central idea, but by the reading, as far as possible, thorough of the legal framework as a whole, making explicit the assumptions, the implications and the interconnection of ideas, several of which deep rooted in the legal literature without clear justification. Article 498 (1) of the Civil Code establishes the system of limitation of actions regarding the compensation for damages. In any rule regarding the limitation of actions there are two underlying functions that can be clearly segregated: the finding of the moment when the term starts counting, on the one hand, and the demarcation of the damage that the term refers to, on the other. Aware of this duplicity of functions, we deconstruct the rule in various segments and analyse each one separately, trying to determine its precise reach. The conclusions are, therefore, multiple, as many as the questions we constantly ask. In summary, however, we can point out that one of the most significant theses sustained relates to the unicity of the obligation to compensate multiple damages. Faced with such a problem, we consider that, even if the fact from which the obligations arise is the same from a naturalistic point of view, the autonomy of legal assessment allows for the conception of several obligations, instead of one and only. From the autonomy of such obligations, it can be inferred the autonomy of the terms regarding to each damage.