Acórdão nº 98B751 de Supremo Tribunal Administrativo (Portugal), 29 de Outubro de 1998 (caso None)
Magistrado Responsável | QUIRINO SOARES |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR ECON - DIR SEG. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART1180 ART1182. CCOM888 ART441. DL 289/88 DE 1988/08/24 ART1 ART2 ART3. DL 183/88 DE 1988/05/24. CONST97 ART13.
Sumário : I - O despachante ofical age como mandante sem representação, por conta do importador, na actividade de desalfandegamento. II - Como é próprio do regime do mandato sem representação, o o despachante (mandatário) é responsável perante a entidade (Alfândega) com quem negoceia (artigo 1180 do C.Civil). III - Divergindo, porém, desse regime, o "dono do negócio" (importador) também fica vinculado (artigo 2, n. 1, do DL 289/88, de 24 de Agosto), porque, ao contrário do estatuído no artigo 1182 C.Civil, a lei ficciona uma "assunção de dívida" por parte do importador, sem desvincular o mandatário (despachante) das suas obrigações. IV - O seguro-caução global previsto nos artigos 2 e 3 do citado DL 289/88, é um seguro de crédito (DL 183/88, de 24 de Maio) em que o segurado é...
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