Acórdão nº 079417 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1991 (caso NULL)
Magistrado Responsável | SAMPAIO DA SILVA |
Data da Resolução | 10 de Outubro 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 PROC CIV.
Legislação Nacional: CCIV66 ART236 N1 N2 ART238 N1 ART666 ART675 N1. CPC67 ART96 ART497 ART498 ART660 N2 ART671 N1 ART673 ART675 N1 ART1008 ART1009 N1 N2 ART1010 N1 ART1511 ART1513 N1.
Jurisprudência Nacional: AC STJ DE 1986/01/10 IN BMJ N353 PAG352.
Sumário : I - Havendo acordo em que o conflito em que se traduz o litigio que integra o objecto da acção respeita ao cumprimento de um contrato de abertura de credito o qual, por sua vez, foi celebrado em execução de um contrato anterior que integra uma clausula compromissoria que manda submeter a decisão arbitral os diferendos que possam emergir da execução do contrato em que ela se insere, a questão de saber se a referencia, que nessa clausula se faz a execução do contrato, deve ou não ser entendida com o sentido que abranja os proprios contratos cuja celebração resulte da execução daquele, passa pela interpretação da vontade das partes que celebraram o contrato que insere a clausula. II - Dispondo os artigos 1511 e 1513 n. 1 do Codigo de Processo Civil, então em vigor, que o compromisso arbitral ha-de individualizar com precisão o litigio a decidir e que a clausula compromissoria tem de especificar o acto juridico de que as questões possam surgir, normas estas que as partes se presume conhecerem, e de entender que não pretendia que a clausula compromissoria...
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