Acórdão nº 9720785 de Supremo Tribunal Administrativo (Portugal), 30 de Setembro de 1997 (caso None)
Magistrado Responsável | LEMOS JORGE |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART774. CPC67 ART30 ART74 N1 ART85 ART87 ART100 N2.
Sumário: I - O tribunal cível da comarca do Porto é territorialmente competente para conhecer da acção intentada pela Autora ( sociedade de locação financeira ) contra o 1º Réu ( locatário ) e o 2º Réu ( seguradora ), com base na seguinte alegação: -A Autora, com sede no Porto, celebrou com o 1º Réu, com sede em Lisboa, um contrato de locação financeira, cedendo-lhe o gozo e fruição temporária de um veículo automóvel; -A 1ª Ré obrigou-se ao pagamento de uma renda trimestral, tendo pago as três primeiras, deixando de pagar as seguintes; -A Autora reclamou o pagamento das rendas vencidas e indemnização clausuladas e entrega do veículo; -A 2ª Ré celebrou com o 1º Réu um contrato seguro de caução, garantindo o pagamento das rendas, constando da apólice de seguro que o foro competente para dirimir quaisquer questões relacionadas com esse contrato é o do local da emissão da apólice ( no caso emitido em Lisboa ); -Das cláusulas contratuais gerais do contrato de locação financeira consta que para a resolução de todas as questões emergentes da execução ou interpretação das cláusulas deste contrato as partes consideram competente o tribunal da comarca do Porto. E que nos casos de resolução o locatário fica obrigado a restituir o equipamento ao locador em lugar...
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