Acórdão nº 9650965 de Court of Appeal of Porto (Portugal), 14 de Abril de 1997
Magistrado Responsável | FONSECA RAMOS |
Data da Resolução | 14 de Abril de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM.
Legislação Nacional: DL 178/86 DE 1986/07/03 ART1 N1.
Jurisprudência Nacional: AC STJ DE 1993/05/04 IN CJSTJ T2 ANOI PAG78.
Sumário: I - No contrato de agência, o agente não celebra os negócios em nome próprio, mas em nome do principal; não é dono das mercadorias, que não adquire ao produtor: a agência é, por isso, um contrato de gestão de interesses alheios. II - No contrato de concessão comercial, o concedente vende os produtos que fabrica ao concessionário que, por sua vez, os revende no mercado; o concessionário age em nome próprio, correndo o risco inerente ao negócio que exerce com autonomia; não aufere...
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