Acórdão nº 077122 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1989
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 09 de Março de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decisão: NEGADO PROVIMENTO. NEGADA A REVISTA.
Área Temática: DIR ECON - DIR TRANSP. DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCOM888 ART303 ART363 ART383. CCIV66 ART793. CPC67 ART523 N2 ART652 D E F ART653 N1 A.
Sumário : I - São apresentados fora de prazo os documentos que o são com as alegações escritas para discussão da materia de direito. II - Ha que distinguir entre contrato de transporte e contrato de transito: aquele conduz a que o transportador seja obrigado a entregar os objectos que lhe são confiados no estado em que os recebe velando pela sua guarda e conservação sob pena de responder pela sua perda ou deterioração, neste, o expedidor, agindo na qualidade de mandatario ou de simples gestor de negocios, não podendo ocupar-se daquilo de que o encarregaram tem que dirigir-se a um intermediario que, por sua conta, recebera a mercadoria do primeiro transportador e a entregara aos segundos. III - Ora, se os factos provados...
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