Acórdão nº 9950356 de Court of Appeal of Porto (Portugal), 05 de Julho de 1999
| Magistrado Responsável | PINTO CORREIA |
| Data da Resolução | 05 de Julho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 178/86 DE 1986/06/03. CCIV66 ART405 ART762 N2.
Jurisprudência Nacional: AC STJ DE 1995/11/22 IN CJSTJ T3 ANOXX PAG115. AC STJ DE 1998/04/23 IN CJSTJ T3 ANOVI PAG59.
Sumário: I - São elementos essenciais e típicos do contrato de concessão comercial que o concedente se obrigue a vender ao concessionário e este a comprar-lhe, para revenda, determinada quota de bens, aceitando por sua vez certas obrigações, nomeadamente quanto à organização, política comercial e assistência a prestar aos clientes, e sujeitando-se a um certo controlo e fiscalização do concedente. II - Deve qualificar-se como contrato bilateral inominado ( ou misto ) de exclusividade, e não como contrato de concessão comercial, aquele em que falte algum dos mencionados...
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