Acórdão nº 073268 de Supremo Tribunal de Justiça (Portugal), 10 de Abril de 1986 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 10 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR COM - TRANSP MAR.
Legislação Nacional: CPC67 ART66 ART1096 A B C D E F G ART1508 ART1513 - ART1525. CCOM888 ART41. CONST82 ART205 ART206. DL 243/84 DE 1984/07/17 ART2 N1.
Sumário : I - Em materia de competencia para dirimir conflitos de interesses entre entidades privadas, o principio geral e o de que ela pertence aos tribunais, so excepcionalmente atribuindo a lei a "arbitros" (constituidos que sejam em tribunal arbitral voluntario ou necessario) a competencia para dirimir esses conflitos (artigos 205 e 206 da Constituição da Republica e 66, 1508 e seguintes e 1525 e seguintes do Codigo de Processo Civil. II - Para que os litigios decorrentes de um contrato de fretamento maritimo possam ser dirimidos por arbitros, torna-se indispensavel compromisso arbitral previo e valido entre as partes, ou que o contrato celebrado contenha uma clausula compromissoria com...
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