Acórdão nº 076324 de Supremo Tribunal de Justiça (Portugal), 30 de Março de 1989 (caso NULL)
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 30 de Março de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA ANOT VII 3ED PAG673. C NEVES QUEST FACTO QUEST DIR PAG326. V SERRA RLJ ANO103 PAG284 ANO107 PAG184.
Área Temática: DIR ECON - DIR SEG. DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 N2 ART236 N1 ART238 ART405 ART443 ART809 N2. DL 446/85 DE 1985/10/25 ART3 N1 C ART34.
Jurisprudência Nacional: AC STJ DE 1970/01/16 IN BMJ N193 PAG359.
Sumário : I - Um contrato de seguro celebrado antes da entrada em vigor do Decreto-Lei n. 446/85, de 25 de Outubro, não pode reger-se por este diploma, dado o que resulta da conjugação do seu artigo 34 e o n. 2 do artigo 12 do Codigo Civil. II - A validade da clausula a que se refere o artigo 809 do Codigo Civil, constituiria perigo enorme, principalmente nos sectores como o dos transportes, em que proliferam os contratos de adesão e so a existencia da regra da nulidade, nos termos amplos em que ficou consignada na lei, podera explicar a falta de normas que especificadamente a afirmem, como se faz no direito alemão, nos sectores especiais do comercio juridico em que ela e mais premente, em obediencia a certos interesses de ordem geral. III - O contrato de seguro de responsabilidade civil e um contrato a favor de terceiro e assim, o segurador, ao celebrar esse acto juridico, obriga-se, tambem, para com o lesado a satisfazer a indemnização devida pelo segurado, ficando...
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