Acórdão nº 98A867 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1998 (caso None)
Data | 20 Outubro 1998 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM.
Legislação Nacional: CCIV66 ART798 ART799.
Sumário : I - O contrato de transporte de mercadoria por estrada, é aquele em que alguém se obriga, mediante retribuição, a transferir por sua conta e responsabilidade, uma coisa de um lugar para outro, e a fazer a sua entrega no local do destino, revestindo numa natureza comercial, bilateral, oneroso, consensual e de resultado, no âmbito dos artigos 366 a 392, do Código Comercial. II - Constitui matéria de facto, e não de direito, determinar qual a vontade real dos declarantes, apenas sendo legítimo que o STJ, exerça censura sobre a decisão das Instâncias, em matéria de interpretação de cláusulas contratuais, quando essa decisão contrarie o disposto nos artigos 236, n. 1 e 238, do C.C. III - A problemática da qualificação jurídica de um contrato, constitui, já, porém, matéria de...
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