Acórdão nº 071510 de Supremo Tribunal de Justiça (Portugal), 07 de Fevereiro de 1985 (caso NULL)
| Magistrado Responsável | SOLANO VIANA |
| Data da Resolução | 07 de Fevereiro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TRANSP MAR. DIR PROC CIV.
Legislação Nacional: DL 37748 DE 1950/02/01 ART1 PAR1. CCIV66 ART805 N3. CPC67 ART515 ART722 N2.
Referências Internacionais: CONV BRUXELAS DE 1924/08/25 ART4 N5 ART9.
Sumário : I - Não é possível de censura pelo Supremo a fixação dos factos materiais da causa pelas instâncias. II - Constando do conhecimento de embarque uma limitação de responsabilidade por parte do armador ou transportador, conhecimento de embarque oferecido com a petição inicial, o respectivo conhecimento e apreciação impunham-se ao tribunal, independentemente da via por que chegou ao processo. III - A estipulação, no conheciemnto de embarque de que a indemnização respeitante a perdas ou danos sofridos pelas mercadorias transportadas não excederia a 7 francos suíços por quilo de peso bruto das mercadorias perdidas ou danificadas 1500 francos suíços por...
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