Acórdão nº 071909 de Supremo Tribunal Administrativo (Portugal), 27 de Julho de 1984 (caso None)
| Magistrado Responsável | SANTOS SILVEIRA |
| Data da Resolução | 27 de Julho de 1984 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: NÃO SE ENCONTROU JURISPRUDENCIA ANTERIOR SOBRE A MATERIA.
Área Temática: DIR COM - TIT CREDITO / TRANSP MAR. DIR PROC CIV.
Legislação Nacional: CCOM888 ART483 ART538 PAR1 ART539 ART540. LULL ART11. CPC67 ART100 N1 N2 ART111 N3.
Jurisprudência Nacional: AC STJ DE 1968/01/23 IN BMJ N173 PAG263. AC STJ DE 1961/11/03 IN BMJ N111 PAG393.
Sumário : I - O conhecimento de embarque, porque susceptivel de endosso, entrega real e cessão, e um titulo de credito mercantil, a luz do nosso Direito Comercial, mas ha nele algo mais para alem da relação puramente cartular dum titulo cambiario, pelo que não pode ser posta de parte a existencia do contrato de transporte, contido no conhecimento ou documento escrito, com os requisitos enumerados no artigo 538 do Codigo Comercial. II - O conhecimento a ordem não e um titulo formal, liberto da sua causa, mas, sendo ele um documento comprovativo do contrato de transporte, e sendo o seu endosso, quase sempre, a consequencia dum contrato de compra e venda ou penhor de mercadorias que ele representa, celebrado entre o...
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