Acórdão nº 074840 de Supremo Tribunal de Justiça (Portugal), 14 de Julho de 1987
Data | 14 Julho 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCOM888 ART441. CPC67 ART664 ART712 N1 ART718 N2 ART726 ART749 ART762 N1.
Referências Internacionais: CONV RELATIVA AO CONTRATO DE TRANSPORTE INTERNACIONAL DE MERCADORIAS POR ESTRADA (CMR) ART17 ART19.
Sumário : I - A procedencia da pretensão do segurador contra o terceiro causador do sinistro, nos termos do artigo 441 do Codigo Comercial, exige a prova do pagamento ao segurado da deterioração ou perda aludida no mesmo preceito. II - Não pode a Relação dar como provada materia de facto considerada não provada em 1 instancia, fora das hipoteses previstas no artigo 712, n. 1, do Codigo de Processo Civil, sendo a decisão que o fizer censuravel pelo Supremo Tribunal de Justiça. III - O tribunal de recurso, como o juiz a quo, não esta sujeito as alegações das...
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