Acórdão nº 083857 de Supremo Tribunal de Justiça (Portugal), 19 de Outubro de 1993 (caso NULL)
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR ECON - DIR SEG. DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV.
Legislação Nacional: CCOM888 ART429 PARÚNICO ART446. CCIV66 ART9 N3 ART236 ART280 ART334 ART342 N2 ART762 N2. DL 446/85 DE 1985/10/25. CPC67 ART516.
Jurisprudência Nacional: AC RL DE 1982/02/05 IN CJ TI ANOVII PAG171. AC STJ DE 1967/06/20 IN BMJ N168 PAG323.
Sumário : I - O artigo 429 do Código Comercial de 1888, apesar da sua literalidade, referencia uma invalidade tipo nulidade secundária ou situação anulável e não, tipicamente, nulidade. II - Os contratos de adesão vinculam ambas as partes à luz da boa fé, designadamente no que concerne à informação que deve ser, oportuna e totalmente, prestada ao aderente. III - Perante qualquer dúvida que fosse de por face às declarações iniciais do segurado, as seguradoras deveriam colocá-la "ab initio", em vez de ir cobrando prémios só e levantarem questões, aliás formais, quando a álea própria do contrato lhes bater á porta; nesta hipótese, é de admitir que as declarações iniciais foram suficientes, de forma a ter-se-lhes dado, ou a dever ter-se-lhes dado, a interpretação que daria um destinatário normal, assim desvalorizando qualquer eventual menor expressividade formal. IV - Assim, distinguindo os "Códigos"...
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