Acórdão nº 9120355 de Court of Appeal of Porto (Portugal), 06 de Fevereiro de 1992
Magistrado Responsável | DIONISIO PINHO |
Data da Resolução | 06 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT - DIR RESP CIV.
Legislação Nacional: DL 282-B/84 DE 1984/08/20 ART1 N1 N3 N4 ART2 ART3 ART5 ART15 N3 ART11 ART12 N1 ART13 ART14. DL 151/90 DE 1990/05/15 ART1 N1 ART4 ART5 ART13 N3 ART3 ART11 N3. CCIV66 ART799 N1.
Sumário: I - A lei aplicável ao regime da responsabilidade de uma sociedade operadora portuária e da administração dos Portos do Douro e Leixões pelo desaparecimento de mercadorias no Porto de Leixões confiadas contratualmente àquela para descarga do navio em que da origem foram transportadas e para entrega a consignatário adquirente no nosso país é a vigente à data de tal desaparecimento. II - No Decreto-Lei 282-B/84, de 20/08, teve-se em vista libertar a autoridade portuária de tarefas operacionais como as operações portuárias que envolvem todos os actos desde a descarga no porto à sua saída. Assim, na vigência daquele Decreto-Lei, as operações de carga e depósito até à saída das mercadorias competiam ao operador portuário, com a competência da autoridade portuária limitada à regulamentação e coordenação das operações e à fiscalização da actividade dos operadores. III - No Decreto-Lei 151/90, de 15/05, a intervenção da autoridade portuária é alargada até se prever a sua responsabilidade em substituição da do operador em certas condições previstas no nº 3 do...
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