Acórdão nº 066202 de Supremo Tribunal de Justiça (Portugal), 02 de Abril de 1976
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 02 de Abril de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: MARCELLO CAETANO MANUAL 10ED VI PAG447 PAG585.
Área Temática: DIR PROC CIV. DIR ADM - ADM PUBL.
Legislação Nacional: CCIV66 ART1037 N2 ART1277 ART1278. CPC67 ART66 ART664. CADM40 ART253 N15 ART815 PAR2.
Sumário : I - A qualificação de um contrato, quanto a sua natureza privada ou publica e do livre foro do tribunal por aplicação do principio contido no artigo 664 do Codigo de Processo Civil. II - A) Os contratos administrativos são apenas os que vem enumerados no paragrafo 2 do artigo 815 do Codigo Administrativo ou sejam: os contratos de empreitada, de concessão de obras publicas, de concessão de serviços publicos, de fornecimento continuo e de prestação de serviços celebrados entre a administração e os particulares para fins de imediata utilidade publica. B) Para que um contrato de prestação de serviços seja de natureza administrativa, tem de verificar-se a submissão da actividade do particular a direcção dos orgãos da entidade servida. C) Tambem o contrato administrativo ha-de ter por objecto prestações relativas ao cumprimento de atribuições da pessoa colectiva e associara, duradoura e especialmente, mediante retribuição, outra pessoa ao cumprimento dessas atribuições de pessoa colectiva de direito publico. D) Assim, se o corpo administrativo contratante não remunerar a contraparte por qualquer serviço que esta lhe preste, nem esta efectivamente lhe presta qualquer serviço, e o contrato celebrado se limita a, mediante o pagamento de...
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