Acórdão nº 9731321 de Supremo Tribunal Administrativo (Portugal), 12 de Março de 1998 (caso None)
Magistrado Responsável | CESARIO DE MATOS |
Data da Resolução | 12 de Março de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 46235 DE 1965/05/18. D 28/88 DE 1988/09/06. CCOM888 ART383.
Referências Internacionais: CONV CMR DE 1956/05/19 ART17 N2 ART18.
Sumário: I - Em contrato de compra e venda de uma mercadoria, celebrado entre uma empresa portuguesa, como vendedora, e uma empresa espanhola, como compradora, mercadoria a expedir na modalidade " CIF Castellon ", era obrigação da vendedora colocar a mercadoria em Castellon ( Espanha ), onde devia ser recebida pela compradora. II - Só quando a compradora tomasse conta da mercadoria é que o risco de perecimento da mesma passaria para ela, pois tudo se passa como sendo o cais do porto do destino o lugar do cumprimento. III - Correndo pela vendedora o risco de perecimento da coisa e sendo ela expedidora no contrato de transporte celebrado para transferência da mercadoria e sua entrega à compradora, no âmbito do contrato de transporte o transportador...
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