Acórdão nº 062538 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1969
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 07 de Março de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT PESSOA JORGE MAND SEM REPRE PAG340. FERRER CORREIA LIÇ VI PAG9. FERNANDO OLAVO MAN VI PAG9. P LIMA VARELA NOÇ EL CIV VI PAG73 4EDIÇ.
Área Temática: DIR COM. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCOM888 ART3 ART120 N1 ART231 ART232 ART245 ART266. CCIV867 ART11 ART16 ART645 ART1278 ART1331 ART1363 N5 ART1364 ART1371 ART1641. DL 47344 DE 1966/11/25 ART2 N2. CPC67 ART668 N1 B.
Legislação Estrangeira: CCIV DE ITALIA ART1742. CCOM DE ITALIA ART366.
Sumário : I - O contrato de agencia ou de representação comercial ou ainda contrato de distribuição não tem regulamentação especifica na nossa lei. II - Sendo, portanto, um contrato inominado, tem de se reger pelas disposições não excepcionais dos contratos nominados com que apresente mais forte analogia. III - A doutrina dominante, entre nos, atribui a natureza de direito especial, e não excepcional, ao direito comercial em face do direito civil, e por isso o direito mercantil permite o recurso a analogia. IV...
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