Acórdão nº 073268 de Supremo Tribunal Administrativo (Portugal), 10 de Abril de 1986 (caso None)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 10 de Abril de 1986 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - PROC ESP.
LegislaÁ„o Nacional: CCIV66 ART41. CONST82 ART205 ART206. DL 243/84 DE 1984/07/17 ART2 N1. CPC67 ART66 ART1096 A B C E F G ART1508 ART1511 ART1513 ART1525.
Sum·rio : I - E principio geral em materia de competencia, para dirimir conflitos entre entidades privadas, ser o de que ela pertence aos "tribunais" entendendo-se os judiciais e mais precisamente o tribunal comum - artigo 66 do Codigo de Processo Civil e artigos 205 e 206 da ConstituiÁ„o da Republica; so excepcionalmente a lei atribui a arbitros - tribunal arbitral - "voluntario" ou "necessario" - competencia para dirimir conflitos de interesses privados ou n„o - artigos 1508 e 1525 do Codigo de Processo Civil. II - No que respeita ao contrato de fretamento maritimo n„o ha, nem foi invocada, lei no sentido de prescrever a necessidade do julgamento arbitral - tribunal arbitral necessario - nem como tal se pode entender a pretensa "pratica internacional"...
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