Acórdão nº 98A391 de Supremo Tribunal de Justiça (Portugal), 02 de Junho de 1998 (caso NULL)
Magistrado Responsável | RIBEIRO COELHO |
Data da Resolução | 02 de Junho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR COM - TRANSP MAR.
Legislação Nacional: CCIV66 ART236 N1 ART795 ART798 ART799 ART804 ART807 ART808. CCOM888 ART366. CPC95 ART456 N2 B.
Jurisprudência Nacional: AC STJ DE 1976/12/21 IN BMJ N262 PAG126. AC STJ PROC614/96 DE 1997/04/08.
Sumário : I - São as declarações negociais emitidas pelas partes, complementadas por disposições legais supletivas e imperativas eventualmente aplicáveis, que definem o conteúdo dos direitos e obrigações resultantes do contrato. II - Não exercendo a autora a actividade de transportadora, mas sim a de agente de navegação e de transportes, intermediando contratos dessa natureza entre carregador e transportador; tendo a autora sido incumbida de diligências por um transporte marítimo, e dito à ré que ele seria feito num navio de uma sua representada, o que evidencia a sua actividade agenciadora, estamos perante um contrato de prestação de serviços, e não um contrato de transporte. III - A interpretação de uma declaração não cabe apenas no campo da apreciação e fixação da matéria de facto - é, assim, enquanto se procura determinar a existência e conteúdo da declaração feita, mas, face ao critério definido no artigo 236, n. 1, do CC, o juízo que se formular sobre o alcance que lhe daria um declaratário normal releva já da aplicação e interpretação de norma jurídica e cai na competência específica do STJ. IV - A mora tem na vida do contrato consequências que...
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