Acórdão nº 0057382 de Court of Appeal of Lisbon (Portugal), 07 de Maio de 1992
| Magistrado Responsável | ANTONIO ABRANCHES MARTINS |
| Data da Resolução | 07 de Maio de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM.
Legislação Nacional: CCOM888 ART426 ART427 ART429. CCIV66 ART218 ART224 N1 ART334 ART762 N2.
Jurisprudência Nacional: AC RL DE 1982/02/05 IN CJ ANOVII T1 PAG171.
Sumário: I - O contrato de seguro regula-se, "prima facie", pelas estipulações da respectiva apólice não proíbidas por lei, e só supletivamente pelas disposições do Código Comercial. II - O silêncio só tem valor de declaração negocial quando este lhe seja atribuído por lei, uso ou convenção - artigo 218 do Código Civil. III - A falta de resposta ao questionário médico por parte da pessoa segura não provoca a nulidade da adesão desta ao seguro de grupo destinado a cobrir, além de outros riscos, a incapacidade profissional - inibição de voo do pessoal de cabine, se, segundo o respectivo...
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