Acórdão nº 97B426 de Supremo Tribunal de Justiça (Portugal), 12 de Março de 1998
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 12 de Março de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM. DIR ECON - DIR SEG.
Legislação Nacional: CCIV66 ART287 ART292 ART432 ART439 ART1055. CPC67 ART489 ART664 ART684 N3 ART712 ART722 ART729. CCOM888 ART426 ART427 ART429 ART452. DL 329-A/95 DE 1995/12/12 ART16 ART25. DL 180/96 DE 1996/09/25.
Jurisprudência Nacional: AC STJ DE 1991/07/02 IN BMJ N409 PAG90.
Sumário : I - A data de um certo evento, constituindo matéria de facto, só pode ser fixada pelas Instâncias, não cabendo ao Supremo Tribunal de Justiça fazê-lo. II - Não será assim quando essa fixação envolva um juízo de apreciação de outros factos materiais. III - O artigo 426, do CCOM, impõe a redução a escrito do contrato de seguro, por cujas estipulações, ressalvadas as proibidas...
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