Acórdão nº 0005986 de Court of Appeal of Porto (Portugal), 14 de Junho de 1988
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 14 de Junho de 1988 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: C GONÇALVES IN COMENTÁRIO V2 PAG538. MOIT ALMEIDA IN CONTRATO SEGURO PAG73.
Área Temática: DIR COM. DIR ECON - DIR SEG. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCOM888 ART429. CCIV66 ART376.
Jurisprudência Nacional: AC RL DE 1964/10/14 IN JR X PAG714. AC STJ DE 1967/06/20 IN BMJ N168 PAG323.
Sumário: I - A anulabilidade prevista no artigo 429 do Código Comercial não depende da má-fé do segurado, nem da verificação dos requisitos próprios do erro. II - O segurador não tem de fazer a prova de que "a declaração inexacta" teria "podido influir sobre a existência ou condições do contrato". III -...
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