Acórdão nº 084477 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1994 (caso NULL)
Magistrado Responsável | OLIVEIRA BRANQUINHA |
Data da Resolução | 11 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA DAS OBG EM GERAL VOLI 7ED PAG221.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART467 N1 C ART488 ART489 ART502 N1 ART729 N1. DL 333/83 DE 1983/07/14 ART1 ART2 A C D ART33. DL 231/93 DE 1993/06/26. DL 57/76 DE 1976/01/22 ART3 N1 B N2 J N5 ART15 ART16. DL 110/90 DE 1990/04/03. CCIV66 ART342 N1 N2 ART464 ART466 N1.
Jurisprudência Nacional: AC TC 277/89 DE 1989/03/07 IN BMJ N385 PAG125. AC STJ DE 1968/05/28 IN BMJ N177 PAG260. AC STJ DE 1971/06/11 IN BMJ N208 PAG162. AC STJ DE 1972/06/23 IN BMJ N218 PAG239. AC STJ DE 1983/02/22 IN BMJ N324 PAG549.
Sumário : I - A noção do contrato é um conceito de direito que pode sintetizar-se, como um "acordo vinculativo assente sobre duas ou mais declarações de vontade (oferta ou proposta, de um lado; aceitação do outro) opostas mas perfeitamente harmonizáveis entre si, que visam estabelecer uma composição unitária de interesses". II - Os poderes-deveres de execução por iniciativa de autoridade policial rodoviária encontram-se localizados, finalísticamente, por objectivos, de eliminação de perigo ou perturbação grave de trânsito por meios no que concerne ao local de colocação do veículo removido, definido pela adequação ao estacionamento, em geral, ou pela finalidade específica de recepção de veículos. III - Estes traços do regime, embora relativos à eliminação de estacionamento abusivo, são aplicáveis, por similitude de situações e de finalidades, à remoção, em geral, por que tenham de providenciar as autoridades da polícia rodoviária, para desimpedimento de vias por acidentes ou avarias de veículos, que as osbtruem. IV - Como é jurisprudência constante do Supremo Tribunal de Justiça, a resposta negativa e...
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