Acórdão nº 9220670 de Court of Appeal of Porto (Portugal), 18 de Fevereiro de 1993
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR ECON - DIR TRANSP. DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 46325 DE 1965/03/18. CCIV66 ART298 N1 N2 ART318 ART323 ART324 ART325 ART473 N1 ART474 ART498 N4.
Referências Internacionais: CONV CMR ART4 ART1 ART32 N1.
Jurisprudência Nacional: AC STJ DE 1983/05/03 IN BMJ N327 PAG625.
Sumário: I - É contrato de transporte aquele pelo qual a Ré se compromete a fazer chegar determinada mercadoria ao seu destino, organizando, dirigindo e coordenando tudo o necessário para fazer a entrega da mercadoria noutro país. II - O facto de a Ré ser transitária, e de haver que realizar actividades de transitário para além daquela obrigação principal de deslocação e entrega da mercadoria não descaracteriza o contrato como de transporte. III - A esse contrato, com o lugar de carregamento e de destino situados em países diferentes, um deles signatário da Convenção CMR assinada em em Genebra em 19/05/56, e independentemente do domicílio e da nacionalidade das partes, com o transporte a ser efectuado por terra, em veículos e título oneroso, é aplicável a referida convenção, aprovada por adesão pelo Decreto-Lei número 46235, de 18/06/65. IV - O prazo fixado no...
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