Acórdão nº 9621512 de Court of Appeal of Porto (Portugal), 23 de Setembro de 1997
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 23 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 298/93 DE 1993/08/28 ART3 N2 A ART21 N1 N2 N3 ART22 N1. CCIV66 ART350 N1 N2 ART483 N1 N2 ART487 N1 ART493 N2 ART496 N3 ART500 N1 N2 ART563 ART570 N1.
Sumário: I - A actividade de movimentação de cargas em operações portuárias pode ser prestada mediante concessão a empresa de estiva e esta, na qualidade de concessionária, terá sempre a direcção técnica de todas as operações que efectuar competindo-lhe a definição dos meios humanos a afectar à operação portuária, bem como a sua gestão. II - O Estado Português é parte ilegítima numa acção de indemnização por acidente ocorrido durante e por causa da movimentação de contentores manobrados por um gruista da Junta Autónoma dos Portos do Norte ( J.A.P.N. ) mas que actuava sob a direcção da empresa de estiva, como seu comissário. III - Sendo aquela manobra de movimentação de contentores uma actividade perigosa, pela natureza dos meios empregados e não tendo o lesante feito prova, como era seu ónus, de haver tomado todas as providências exigidas pelas...
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