Acórdão nº 078440 de Supremo Tribunal de Justiça (Portugal), 15 de Janeiro de 1991 (caso NULL)
Magistrado Responsável | BROCHADO BRANDÃO |
Data da Resolução | 15 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR ECON - DIR TRANSP DIR MARIT. DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 37748 DE 1950/02/01 ART1 ART3 ART6 PAR4. CCIV66 ART250 ART252 ART268 ART342 N2 ART798 ART799 ART1178 ART1180. CCOM888 ART231 ART266. DL 178/86 DE 1986/07/03 ART1 ART2 N1 ART21.
Referências Internacionais: CONV DE BRUXELAS DE 1924/08/25 ART1 B ART2 ART3 N2 N3 N4 N6 PAR4 ART6.
Jurisprudência Nacional: AC STJ DE 1986/04/17 IN BMJ N356 PAG342.
Sumário : I - O agente do armador não se encontra forçosamente investido em poderes representativos e então exerce em seu nome a gestão de que foi incumbido, tornando-se ele proprio sujeito de direitos e obrigações, embora os deva transferir para o mandante no interesse de quem agiu. II - No mandato sem representação, o mandatario assume as obrigações dos actos que celebra, embora seja conhecido dos terceiros que participam dos actos ou sejam destinatarios destes (artigo 1180 do Codigo Civil). III - O agente emitente do conhecimento de transporte, não declarando faze-lo...
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