Acórdão nº 070782 de Supremo Tribunal de Justiça (Portugal), 14 de Julho de 1983 (caso NULL)
| Magistrado Responsável | LIMA CLUNY |
| Data da Resolução | 14 de Julho de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: NO TEXTO HOUVE LAPSO NA INDICAÇÃO DO BMJ EM QUE FOI PUBLICADO O ASSENTO. TRATA-SE DO BMJ N106 PAG315.
Área Temática: DIR ECON - DIR SEG.
Legislação Nacional: CCOM888 ART445 PARUNICO. CCIV867 ART709. CCIV66 ART432 N1 ART434 N1 N2.
Jurisprudência Nacional: ASS STJ DE 1961/04/28 IN BMJ N106 PAG315. AC STJ DE 1978/11/28 IN BMJ N281 PAG313.
Sumário : I - No contrato de seguro, ainda que não seja do ramo " Fogo ", a mora no pagamento do premio permite a seguradora resolver o contrato, e essa resolução tem efeito retroactivo, salvo se essa rectroactividade contrariar a vontade das partes ou a finalidade da resolução - o que não e o caso quando a seguradora não chega a correr qualquer risco - ressalvando-se todavia as prestações ja efectuadas, que não serão restituidas. II - O...
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