Acórdão nº 96S049 de Supremo Tribunal de Justiça (Portugal), 03 de Julho de 1996
Magistrado Responsável | ALMEIDA DEVEZA |
Data da Resolução | 03 de Julho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CUNHA GONÇALVES IN COMENTÁRIO AO CÓDIGO COMERCIAL VOLI PÁG541.
Área Temática: DIR TRAB - ACID TRAB / REG COL TRAB. DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS. DIR PROC TRAB. DIR COM.
Legislação Nacional: CPC67 ART668 N1 C D ART722 N2 ART729 N1 N2. CPT81 ART72 N1 ART85 N1 N3. CCIV66 ART342 N2 ART443 N1 ART444 ART449. PORT 631/71 DE 1971/11/19. CCOM888 ART429. L 2127 DE 1965/08/03 BXLIII N1. D 360/71 DE 1971/08/21 ART69. AÓLICE UNIFORME DE ACIDENTES DE TRABALHO APROVADA PELA PORTARIA 633/71 DE 1971/11/19 CLÁUS5 N4 CLÁUS7 CLÁUS25 CLÁUS26 N1.
Jurisprudência Nacional: AC STJ DE 1991/01/16 IN BMJ N403 PAG436. AC STJ DE 1987/01/16 IN AD N305 PAG739. AC STJ DE 1989/12/06 IN AD N340 PAG556. AC STJ DE 1995/02/08 IN CJSTJ ANOIII TI PAG267.
Sumário : I - O seguro obrigatório consubstancia um contrato a favor de terceiro, que se define nos termos do artigo 443, n. 1 do Código Civil. II - Não obstante a forma porque o artigo 429 do Código Comercial está redigido possa levar a supôr que toda e qualquer declaração inexacta anula o seguro, para que a anulação se verifique é indispensável que tal inexactidão influa na existência e condições do contrato, de sorte que o segurador, ou não contrataria, ou teria contratado em diversas condições. As...
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