Acórdão nº 084610 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994 (caso NULL)
Data | 05 Maio 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A CASTRO PROC CIV RECL VOLIII 1982 PÁG58. A VARELA OBG VOLI 7ED PÁG296.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART405 N2 ART428 ART559 N1 ART804 N1 N2 ART805 N2 ART806 N1 ART1022 ART1023 ART1026 ART1028 N3 ART1154. CPC67 ART253 N1 ART254 N1 N3. DL 121/76 DE 1976/02/11 ART1 N1 N3 N4. PORT 339/87 DE 1987/04/24.
Jurisprudência Nacional: AC STJ DE 1977/02/15 IN BMJ N264 PÁG194.
Sumário : I - A eficácia da notificação (ou aviso) dirigida aos mandatários judiciais em processos pendentes não é condicionada, em princípio, pelo conhecimento efectivo do acto, bastando a observância das formalidades prescritas na lei, na medida em que torna possível o conhecimento virtual do acto. Observadas essas formalidades, presumir-se-á a notificação nos termos do artigo 1, n. 3 do Decreto-Lei 121/76, de 11 de Fevereiro, presunção que só poderá ser ilidida, nos termos do seu n. 4. II - Autora e Ré celebraram um contrato misto de aluguer de um tractor e da prestação de serviços - efectivo manejo do mesmo por um seu profissional, estando esta prestação subordinada à efectiva utilização do tractor na obra da ré pelo que prevalece o regime de aluguer - artigo 1028, n. 3 do Código Civil, como não foi estipulado prazo para a vigência do contrato, deve entender-se que é de uma hora -...
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