Acórdão nº 9750894 de Court of Appeal of Porto (Portugal), 07 de Maio de 1998
Magistrado Responsável | GONÇALO SILVANO |
Data da Resolução | 07 de Maio de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR COM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART236 N1 N2 ART238 N2 ART627. CCOM888 ART426 §UN. DL 183/88 DE 1988/05/24 ART6 N1 ART8 B.
Jurisprudência Nacional: AC STJ DE 1996/03/12 IN CJSTJ T1 ANOIV PAG143. AC STJ DE 1997/12/10 IN CJSTJ T3 ANOV PAG158. AC RL DE 1985/02/12 IN CJ T1 ANOX PAG163. AC RP DE 1985/07/09 IN CJ T4 ANOX PAG225.
Sumário: I - A nossa lei para o problema da interpretação das declarações de vontade, consagra a chamada teoria da impressão do destinatário, devendo operar-se com a hipótese de um declaratário normal: serão atendíveis todos os coeficientes ou elementos que um declatário medianamente instruído, diligente e sagaz, na posição de declaratário efectivo, teria tomado em conta. II - Nos negócios formais - os que devem constar de documento escrito - exige-se que o sentido da declaração tenha " um mínimo de correspondência no texto do respectivo documento, ainda que imperfeitamente expresso". III - O contrato de seguro é um negócio formal : deve ser reduzido a escrito num instrumento denominado apólice de seguro ; e as suas condições, gerais e especiais, devem ser interpretadas segundo os princípios que regem a interpretação dos negócios jurídicos. IV - Do contrato de seguro-caução deve constar, além do mais, a identificação do tomador do...
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