Acórdão nº 064226 de Supremo Tribunal de Justiça (Portugal), 30 de Março de 1973
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 30 de Março de 1973 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - TRANSP MAR. DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART922 N2. CCIV66 ART227 ART236 N1 ART238 N1 ART400. CCOM888 ART598 ART604 PAR1 ART608 ART655.
Jurisprudência Nacional: AC STJ DE 1971/01/12 IN BMJ N203 PAG183.
Sumário : I - O contrato de seguro maritimo e essencialmente formal e regula-se pelas estipulações da respectiva apolice não proibidas pela lei ou pela moral e, na sua falta, ou insuficiencia, pelas disposições contidas na na legislação comercial. II - A nossa lei admite tanto a barataria dolosa, como a simples, devida a negligencia, compreendendo todos os actos ilicitos do capitão que causem perdas e danos ao navio ou as mercadorias. III - O disposto no artigo 608 do Codigo Comercial não e aplicavel, nem pode falar-se em mudança de rota, quando o contrato de seguro foi feito por tempo determinado e não por viagem. IV - O contrato de seguro tem de ser interpretado segundo os...
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