Acórdão nº 03A2351 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 2003 (caso NULL)
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 25 de Novembro de 2003 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
ACORDAM NO SUPREMO TRIBUNAL DE JUSTIÇA: "A" instaurou em 7/11/95 contra B e C acção ordinária pedindo, além do mais, a condenação desta última no pagamento da quantia de 696.907$00 e juros vencidos e vincendos. O processo correu termos vindo a ser proferida sentença a, além do mais, condenar a ré C naquela quantia de 696.907$00 e juros vencidos (já no montante de 466 203$47) e vincendos. Inconformada com tal decisão apelou a ré C sem êxito pelo que recorre agora de revista. Formula nas suas alegações as conclusões de que se viu impedida de produzir provas por ela oferecida, (tendo sido violado o art. 653º, n. 2 do C.P.C., e atentos os termos em que o acórdão recorrido configurou a questão - nulidade do art. 205º n. 1 C.P.C.) e de que a apólice em causa tinha de garantir - e tinha de garantir apenas - o pagamento das rendas devidas pelo locatário em regime de aluguer de longa duração à Ré B, no caso de esta não cumprir para com a Autora A. A matéria de facto provada é a seguinte: No exercício da actividade a autora celebrou com a Ré B, em 5.1.93, o contrato n. 930004 junto de fls. 9 a 18, cujas cláusulas gerais e particulares se têm por reproduzidas. O predito contrato foi celebrado no dia 5 de Janeiro de 1993, tendo como duração prevista 36 meses, ficando a autora obrigada a ceder à ré B a fruição do veículo de marca Lada, modelo Samara, de matrícula BL. Nos termos do citado contrato, a ré B ficou obrigada a pagar à renda trimestral no valor de 127.564$00 mais IVA, sendo o valor residual de 73.826$00 mais IVA. A ré B subscreveu, junto da ré seguradora, o contrato constante da apólice n. 1501041 02156, junto a fls. 22 e 23, dado por reproduzido. A autora enviou à ré B, em 11.7.95, a carta com aviso de recepção de fls. 21, cujo teor consta de...
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