Acórdão nº 0097474 de Court of Appeal of Lisbon (Portugal), 06 de Dezembro de 1995
Magistrado Responsável | CARLOS HORTA |
Data da Resolução | 06 de Dezembro de 1995 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CCIV66 ART234 ART334 ART683 ART863. CPT81 ART69. DL 372-A/75 ART6 N2 N3 ART12 N3 ART13 ART14 ART15 ART16 N4 N5 ART17 ART18 ART19 ART20 N1 N2 N3 ART21 ART22 ART23 ART24 ART29 N1 N2 N3. DL 84/76 DE 1976/01/28. DL 137/85 DE 1985/05/03 ART4 N1 C. RCM 139/82 DE 1982/07/22. DCM 1983/05/17 DR 2S 1983/06/11. ACT 1976. PRT SECTOR BTE DE 1979/02/15. CCT BTE 43/78. CCT BTE 9/82. DL 353-H/77 DE 1977/08/29 ART1 ART4 ART5 N3.
Jurisprudência Nacional: AC STA DE 1978/04/18. AC STJ DE 1982/07/23 IN BTE JAN/MARÇO PAG500. AC STJ DE 1982/07/27 IN BMJ N319 PAG327. AC RL DE 1983/04/18 IN CJ ANO 1993 T2 PAG204. AC RC DE 1984/05/31 IN CJ ANO1984 T3 PAG116.
Sumário: I - É válida como remissão abdicativa a declaração de cada um dos Autores, ex-trabalhadores da CTM - Companhia Portuguesa de Transportes Marítimos, EP, em liquidação, no sentido de que, ao receberem determinada quantia do Estado Português, cada um deles considerava integralmente satisfeitos eventuais direitos de crédito que detenham sobre o património em liquidação daquela empresa, em virtude da cessação dos seus contratos de trabalho, por força da extinção da ora Ré, determinada pelo DL n. 137/85, de 3 de Maio. II - Não é legítimo conceder aos Autores qualquer quantia, a título de indemnização por cessação dos contratos, uma vez que, no momento da...
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