Acórdão nº 074297 de Supremo Tribunal de Justiça (Portugal), 08 de Janeiro de 1987
| Magistrado Responsável | GOIS PINHEIRO |
| Data da Resolução | 08 de Janeiro de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM - TIT CREDITO. DIR CONST.
Legislação Nacional: CCIV66 ART559 N1. DL 200-C/80 DE 1980/06/24. DL 262/83 DE 1983/06/16 ART4. LULL ART48 N2. CONST82 ART8 N1 N2 ART13 ART207 ART208.
Legislação Estrangeira: CONV DE GENEBRA DE 1930/06/07 ANEXO2 ART13. CONV DE VIENA ART62.
Sumário : I - A doutrina "rebus sic stantibus" codificada no artigo 62 da Convenção de Viena sobre Direito dos Tratados, e que constitui um dos principios de direito internacional geral ou comum a que se alude no artigo 8, n. 1, da Constituição da Republica, conduz a extinção "jure gentium" de normas das Convenções de Genebra de 7 de Junho de 1930, que deixam de vincular o Estado Portugues, por ficarem excluidas de vigencia na nossa ordem interna (conferir n. 2 do artigo 8 da Lei Fundamental). II - Caducando a norma convencional por perda de vigencia - podendo o Estado interessado...
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