Acórdão nº 9420712 de Court of Appeal of Porto (Portugal), 28 de Março de 1996
Data | 28 Março 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR ECON - DIR TRANSP. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART1154 ART1157 ART1162. CCOM888 ART366 ART367 PARUNICO. CONV CMR ART27 N1 ART32 N1 A.
Jurisprudência Nacional: AC STJ DE 1993/01/14 IN CJSTJ T1 ANOI PAG45. AC STJ DE 1983/05/03 IN BMJ N327 PAG625. AC STJ DE 1993/03/23 IN CJSTJ T2 ANOI PAG19. AC RL DE 1992/10/20 IN CJ T4 ANOXVII PAG179. AC RL DE 1992/11/03 IN CJ T5 ANOXVII PAG114.
Sumário: I - Provando-se que o autor entregou ao réu mercadorias para que este promovesse o seu transporte e as entregasse ao seu destinatário em certas condições, nunca o contrato entre ambos celebrado se poderia haver como limitado a uma simples prestação de serviços, no sentido de só competir ao réu envidar esforços que levassem a autora a contactar com alguém que se incumbisse do transporte e entrega das mercadorias. II - Apesar de a ré ser uma empresa transitária, atentas as responsabilidades por ela assumidas, tal contrato tem de haver-se como de transporte, nos termos do artigo 366 do Código...
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