Acórdão nº 004048 de Supremo Tribunal de Justiça (Portugal), 26 de Outubro de 1994 (caso NULL)
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 26 de Outubro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: B MACHADO APLIC NO TEMPO COD CIV 1968 PAG122. P LIMA A VARELA ANOT VOLI 4ED PAG79. M BRITO COD CIV ANOT VOLI 1967 PAG54.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART12 N1 N2 ART22 N1 ART41 N1 N2 ART217 N1. DL 49408 DE 1969/11/24 ART9. DL 372-A/75 DE 1975/07/16 ART12 N1. DL 64-A/89 DE 1989/02/27. LCT69 ART101 ART107 ART109. DL 451/85 DE 1985/10/28 ART2 N2. CONST82 ART53. LCCT89 ART12.
Jurisprudência Nacional: AC STJ DE 1989/07/07 IN BMJ N389 PAG439. AC STJ DE 1990/12/12 IN BMJ N402 PAG329. AC STJ PROC2826 DE 1992/03/19. AC STJ PROC3764 DE 1993/11/17. AC STJ PROC3582 DE 1993/04/21. AC STJ PROC3819 DE 1994/02/12.
Sumário : I - Tendo o trabalhador sido contratado como assalariado do Consulado Português nos Estados Unidos da América do Norte, tal contrato é regulado, não pelo ordenamento jurídico português, mas pela lei americana, por ser esta lei que os sujeitos do contrato de trabalho tiveram em vista, no momento dessa celebração, havendo, assim, um acordo tácito de vontades - artigo 217, n. 1 do Código Civil. II - E os...
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