Acórdão nº 080715 de Supremo Tribunal de Justiça (Portugal), 02 de Julho de 1991
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 02 de Julho de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: DL 446/85 DE 1985/10/25 ART5 N1 N2 N3 ART18 A C ART23. CCIV66 ART799. PORT 561/83 DE 1983/05/11 ART3.
Legislação Estrangeira: CODIGO CIVIL ITALIANO ART1341 ART1342.
Sumário : I - Os transitarios são intermediarios a funcionar entre os transportadores entre si ou representam os destinatarios ou os carregadores na recepção da mercadoria a chegada, devendo conserva-la ou faze-la chegar ao seu destino. II - Os transitarios serão mandatarios quando se limitem a cumprir funções que lhe foram previamente indicadas e a sua responsabilidade sera conforme as regras do contrato de mandato, pelo que respondem quando violam as instruções que lhe foram transmitidas. III - Nos termos do artigo 5 do Decreto-Lei n. 446/85 a integração de clausulas gerais no contrato esta sempre dependente da comunicação ao aderente, comunicação que tera que ser integral e adequada, conducente a um conhecimento completo e efectivo de tais clausulas, cabendo ao ofertante o onus da prova da comunicação. V - A simples publicação no Diario da Republica, II...
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