Acórdão nº 076117 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1988 (caso NULL)
| Magistrado Responsável | SOARES TOME |
| Data da Resolução | 05 de Julho de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT M ALMEIDA CONTRAT SEG DIR PORT E COMPARADO PAG83. CUNHA GONÇALVES C COMERCIAL ART430.
Área Temática: DIR ECON - DIR SEG.
Legislação Nacional: CCOM888 ART3 ART436 PARUNICO ART444 PARUNICO. CCIV66 ART280 ART289 ART342 N1 N2 ART398 N1 ART405 N1. CONST82 ART26 N1.
Sumário : I - As partes podem fixar livremente, dentro dos limites da lei o conteudo positivo ou negativo da prestação - artigo 398, n. 1 do Codigo Civil - e fixar livremente o conteudo dos contratos - artigo 405, n. 1 do mesmo Codigo. II - Tendo a Autora e Re celebrado contrato de seguro contra incendio do eucalipto ja empilhado, com validade a partir das 11 horas e 30 minutos do dia 21 de Julho, aquela para ter direito a indemnização tinha de provar que o incendio que consumiu os eucaliptos foi posterior a essa data, o que não fez. III - O artigo 436 e paragrafo unico do Codigo Comercial não impõe de...
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