Acórdão nº 070540 de Supremo Tribunal de Justiça (Portugal), 22 de Fevereiro de 1983
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 22 de Fevereiro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: LARENZ TRATADO ED9 DE 1968 PAR39 II C. VAZ SERRA IN RLJ ANO103 PAG383. ALMEIDA COSTA DIREITO DAS OBRIGAÇÕES PAG105.
Área Temática: DIR CIV - DIR RESP CIV / DIR CONTRAT / DIR OBG. DIR COM. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART408 N1 ART409 N1 ART796 N3 ART1126 N1 ART1136 N1 ART1149 ART1188 N1 ART1227 N1. CCOM888 ART377 ART379 ART382 ART383 ART564 PAR3 ART565 PAR2 ART567 ART630 ART657 ART665 ART666 ART671. L 76/79 DE 1979/12/03 ART21. CPC67 ART721 N2 ART722 N1 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1982/06/24 IN BMJ N318 PAG394. AC STJ DE 1972/11/08 IN BMJ N221 PAG96. AC STJ DE 1974/05/29 IN BMJ N237 PAG112. AC STJ DE 1972/03/07 IN BMJ N215 PAG218. AC STJ DE 1974/03/15 IN BMJ N235 PAG253. AC STJ DE 1977/05/10 IN BMJ N267 PAG103. AC STJ DE 1969/10/28 IN BMJ N190 PAG295.
Sumário : I - A alienação, quando realizada com a clausula de reserva de propriedade ou dominio, apresenta-se encarada do lado do comprador, como de indole suspensiva, como condição suspensiva: desde que estejamos perante uma condição suspensiva, o risco do fornecimento ou deterioração das mercadorias corre por conta da alienante, por força do contido no artigo 796, n. 3, do Codigo Civil. II - Consoante emerge dos artigos 665, 666, 671 e 657 do Codigo Comercial, e dos artigos 483 e 798 do Codigo Civil, a responsabilidade civil ou obrigação de indemnizar ou ressarcir os danos causados pressupõe culpa ou existencia de facto...
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