Acórdão nº 003766 de Supremo Tribunal de Justiça (Portugal), 27 de Setembro de 1995
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 27 de Setembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV.
Legislação Nacional: DL 64-A/89 DE 1989/02/27 ART2 N1 ART4 B ART13 N2 B ART41 ART46 ART48. CCIV66 ART342 N2 ART349 ART351 ART370 N1 ART371. LCT69 ART82 ART87. CPC67 ART164 N1 ART722 N2. CPT81 ART49 N2 N4.
Jurisprudência Nacional: AC STJ DE 1974/11/12 IN BMJ N241 PAG290. AC STJ DE 1977/04/12 IN BMJ N266 PAG128.
Sumário : I - Segundo a alínea b) do artigo 4 do Decreto-Lei 64-A/89, o contrato de trabalho caduca se a impossibilidade for superveniente, isto é posterior á celebração do contrato - a que for anterior ou contemporânea acarreta antes a sua nulidade -, absoluta isto é, quando o trabalhador ou a empresa empregadora não estejam em condições de respectivamente, prestar ou receber sequer parte do trabalho - a mera "dificultas prestandi" não extingue o contrato - e definitiva, quando, face a uma evolução normal e previsível, nunca mais seja viável a prestação ou o recebimento do trabalho. II - A circunstância de um Consórcio ter decidido suspender o contrato de assistência técnica celebrado com a Recorrente não é susceptível de determinar aquela impossibilidade e, portanto, a caducidade do contrato e incumbia-lhe alegar e provar factos que apontassem para tal impossibilidade. III - Segundo o artigo 87 da L.C.T., as importâncias recebidas a título de...
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