Acórdão nº 067889 de Supremo Tribunal de Justiça (Portugal), 19 de Junho de 1979
Magistrado Responsável | HERNANI LENCASTRE |
Data da Resolução | 19 de Junho de 1979 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR ECON / DIR TRANSP DIR MARIT.
Legislação Nacional: PORT DE 1969/12/22. CONV DE BRUXELAS DE 1910/09/23 ART1 ART2 ART8 ART14. CL DE 1913/08/12.
Referências Internacionais: CONV DE BRUXELAS DE 1910/09/23.
Sumário : I - Provado pelas instancias, numa acção de processo ordinario, que o navio "Imperio", da Companhia Colonial de Navegação, não e um navio de guerra e não pertence ou pertencia ao Estado, mero afretador, estando apenas a ser utilizado num serviço publico, o de transporte de tropas e material de guerra, cai-se no campo de aplicação da Convenção de Bruxelas de 23 de Setembro de 1910, não se verificando a excepção prevista no artigo 14 da dita Convenção. II - Estando o citado navio imobilizado, em pleno Oceano Atlantico, com agua aberta, a casa das maquinas inundada e impossibilitado, por isso, de utilizar as mesmas maquinas, os serviços de um navio salvadego, aceites por via consensual pelos comandantes das embarcações, são de assistencia e salvação e não...
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