Acórdão nº 067356 de Supremo Tribunal Administrativo (Portugal), 30 de Maio de 1978 (caso None)
Data | 30 Maio 1978 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART236 N1 ART238 N1ART268. CPC67 ART1509 N1 N2 N3 ART1511 ART1513 ART1516. DL 48481 DE 1968/07/10.
Sumário : I - Embora tecnicamente diferentes o compromisso arbitral e a clausula compromissoria, na medida em que o primeiro se refere a um litigio ja pendente e a segunda a um litigio futuro, tem de considerar-se esta sujeita aos mesmos requisitos a que a lei sujeita o compromisso arbitral. II - A clausula compromissoria aceite num contrato de empreitada, sem que um dos signatarios possuisse procuração com poderes especiais e autorização especial da sociedade para o fazer, deve considerar-se confirmada, nos termos do artigo 268 do Codigo Civil, se as partes no litigio aceitaram todo o contrato sem restrições, nele fundamentando as suas pretensões...
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