Acórdão nº 0057071 de Supremo Tribunal Administrativo (Portugal), 03 de Novembro de 1992 (caso None)
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 03 de Novembro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CCIV66 ART309 ART323 ART498. DL 43/83 DE 1983/01/25. PORT 561/83 DE 1983/05/03.
Referências Internacionais: CONV RELATIVA AO CONTRATO DE TRANSPORTE INTERNACIONAL DE MERCADORIAS POR ESTRADA DE 1956/05/18 ART32.
Jurisprudência Nacional: AC STJ DE 1983/05/03 IN BMJ N327 PAG625.
Sumário: I - A convenção CMR não se aplica aos transitários. II - A estes aplica-se o Decreto-Lei n. 43/83, de 25 de Janeiro. III - Como este diploma não fixa prazo para a prescrição da responsabilidade do transitário, resulta que a esta é aplicável o prazo geral de 20 anos fixado no artigo 309 do Código Civil. IV - O prazo fixado no artigo 32 da Convenção CMR é um prazo de...
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