Acórdão nº 9230722 de Court of Appeal of Porto (Portugal), 19 de Abril de 1993
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 19 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR PROC CIV - RECURSOS. DIR COM. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART690 N1 ART485 N1 A ART325 ART667 ART712 N1 A ART659 N3 ART713 N2 ART510 N1 C. CCIV66 ART349 ART351 ART800 N1 ART798 ART562 ART566 N1 ART799 N2 ART487 N2. DL 46235 DE 1965/03/18. CCOM888 ART44 ART366 ART377 ART383.
Referências Internacionais: CONV CMR ART23 N3 N6 ART24 ART25 N1 N2 ART26.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315. AC RL DE 1987/02/19 IN CJ ANOXII T1 PAG107. AC RL DE 1973/07/07 IN BMJ N229 PAG227. AC RP DE 1988/01/04 IN BMJ N323 PAG349. AC RP DE 1984/10/23 IN CJ ANOIX T4 PAG232. AC STJ DE 1984/05/17 IN BMJ N337 PAG386.
Sumário: I - O âmbito do recurso é delimitado pelas conclusões de alegação do recorrente. II - A defesa dos chamados à autoria aproveita ao réu, tendo de ser considerada na matéria de facto em que assentará a decisão da causa. III - Os erros materiais podem ser rectificados pela Relação. IV - Tanto o juiz da 1ª instância como a Relação podem, através do exame crítico das provas ( artigos 659, nº 3, e 713, nº 2 do Código de Processo Civil ), utilizar as presunções judiciais que os artigos 349 e 351 do Código Civil admitem. V - Consistindo o resultado final na deslocação de mercadorias, e obtido esse resultado através de terceiro, mediante o chamado subtransporte, este integra a figura e o regime jurídico do subcontrato. VI - O contraente que se encarrega do transporte é responsável perante quem com ele o contratou pelos actos das pessoas que utiliza para o cumprimento dessa obrigação, como se tais actos fossem praticados por ele próprios ( artigos 3 da Convenção CMR, 377 do Código Comercial e 800, nº 1 do Código Civil ). VII - A regra é que o devedor não responde quando não...
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