Acórdão nº 9140555 de Court of Appeal of Porto (Portugal), 24 de Novembro de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 24 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO. NEGADO PROVIMENTO.
Área Temática: DIR COM.
Legislação Nacional: DL 178/86 DE 1986/07/03 ART13 A B C D ART18. DL 336/85 DE 1985/08/21 ART6 D ART19 N1 N2. CCIV66 ART573. CPC67 ART524 ART706 ART743 N3 ART752 N2 ART1014.
Sumário: I - O tribunal deve apreciar se o A. cumpriu ou não o ónus da alegação, e tirar daí as necessárias consequências, ainda que tal questão não tenha sido suscitada pelas partes. II - A obrigação de prestar contas é uma obrigação de informação - artigo 573 do Código Civil - resultante umas vezes da lei, outras de negócio jurídico, outras do simples princípio geral da boa fé. III - A alínea d) do artigo 6 do Decreto-Lei nº 336/85, de 21 de Agosto não exclui o direito a prestação de contas relativamente a outras comissões que não as nele referidas. IV - Em acção de processo especial de prestação de contas o A. não tem de pormenorizar a matéria de facto em que fundamenta o seu pedido como se estivesse afinal ele próprio a prestar essas contas. V - Os contratos de seguro são, na sua maior parte, realidades negociais de âmbito plurianual, normal e automaticamente prorrogados por inexistência de denúncia das partes, estendendo desse mesmo modo para o futuro os direitos retributivos do mediador. VI - A validade de tais contratos mantem-se em...
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