Acórdão nº 074699 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1987 (caso NULL)
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 07 de Julho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRIB - DIR CUSTAS JUD. DIR PROC CIV. DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: DL 831/76 DE 1976/11/21 ART2 N1 ART8 N1 ART31. DL 464/82 DE 1982/12/09 ART13. CPC61 ART202 ART205 N2 ART287 E ART498 N4. CCJ62 ART112 N2 ART113. CCIV66 ART483 ART1154 ART1156 ART1170 N1 N2 ART1172.
Sumário : I - Nos termos do n. 1 do artigo 8 do Estatuto do Gestor Publico, aprovado pelo Decreto-Lei n. 831/76, de 21 de Novembro - actualmente revogado -, pela designação e subsequente posse constituiu-se entre a empresa e o gestor uma relação de prestação de serviço por tempo determinado, surgindo, desse modo, um vinculo contratual com vida propria e autonoma, entre o gestor e a empresa. II - A situação descrita tipifica um mandato oneroso sujeito ao principio da livre revogabilidade do artigo 1170, n. 1, do Codigo Civil, ficando a empresa mandante obrigada a indemnizar o mandatario, por força do disposto na alinea a) do artigo 1172 do mesmo diploma legal, pela revogação do mandato, independentemente de não ser a mandante o autor da exoneração que levou a...
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