Acórdão nº 086644 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1995 (caso NULL)
Data | 22 Junho 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VOLI PAG268. A VARELA RLJ ANO124 PAG104. V SERRA RLJ ANO110 PAG42. A VARELA RLJ ANO122 PAG308.
Área Temática: DIR ECON - DIR SEG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART236 ART238 ART280 ART405. CCOM888 ART426 PARÚNICO N5 ART427 ART429 PARÚNICO ART451 ART452 ART629 PARÚNICO. CPC67 ART660 N2 ART664 N3 ART690 N1 ART713 N2 ART722 N2 ART726 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1991/11/27 IN BMJ N411 PAG413. AC STJ DE 1992/02/26 IN BMJ N414 PAG424. AC STJ DE 1993/04/29 CJSTJ ANOI TIII PAG73.
Sumário : I - No contrato de seguro de transporte terrestre de uma máquina de produzir garrafas celebrado entre a Autora e Ré, estipulou-se que o seguro era feito na modalidade de "todos os riscos", "de armazém a armazém", o que a Relação interpretou no sentido de o seguro cobrir todos os os riscos até à entrada efectiva da máquina no armazém da Autora, em Pombal, incluindo, portanto os da operação da descarga, tendo o acidente ocorrido precisamente nesta, antes por conseguinte da entrada da máquina no armazém da Autora. II - E a determinação da vontade real dos contraentes constitui matéria de facto, da exclusiva competência das instâncias, constituindo matéria de direito, sindicável através da...
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