Acórdão nº 073680 de Supremo Tribunal de Justiça (Portugal), 17 de Abril de 1986
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 17 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCOM888 ART245. CCIV66 ART564 N1 ART1172 C D. CPC67 ART661 N1 ART684 N3 ART690 N1 ART722 N2 ART729 N1 N2.
Sumário : I - E havido como contrato, inominado, de agencia ou representação comercial o acordo em que uma das partes (o agente) assume, com caracter permanente e estavel, por tempo determinado ou não, o encargo de promover, em nome e por conta de outrem (empresario), mediante remuneração, a conclusão de operações mercantis, angariando encomendas em certa zona, sem estar ligado aquele por um contrato de trabalho. II - Como contrato atipico que e, são-lhe aplicaveis as disposições legais dos contratos tipicos afins, no caso as regras dos contratos de mandato ou comissão. III - O contrato de agencia por tempo indeterminado e livremente denunciavel por qualquer das partes, ocorra ou não justa causa; no entanto, não havendo justa causa, o contrato so deve ser denunciado com aviso previo, com antecedencia conveniente, para que a parte possa prover aos seus interesses. IV - De harmonia com os usos comerciais e dadas as manifestas e notorias necessidades existentes na obtenção de novos postos de trabalho, e de reputar conveniente e razoavel uma antecedencia minima de tres meses para a efectivação do pre-aviso de...
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