Acórdão nº 0001219 de Court of Appeal of Lisbon (Portugal), 27 de Fevereiro de 1987
| Magistrado Responsável | CALIXTO PIRES |
| Data da Resolução | 27 de Fevereiro de 1987 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: A VARELA IN DAS OBRIGAÇÕES EM GERAL V1 PAG471.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: DR IIIS N183 DE 1975/08/09. CCIV66 ART12 ART336 N2 ART483 ART558 ART805 N3. CPC67 ART273 N2. DL 262/83 DE 1983/06/16.
Jurisprudência Nacional: AC RE DE 1984/12/20 IN BMJ N344 PAG478. AC STJ DE 1985/02/21 IN BMJ N344 PAG427.
Sumário: I - Os agentes económicos detentores da prestação de um serviço público em regime de exclusivo têm a obrigação de contratar, quando para tal são solicitados. II - Se recusam contratar sem causa justificativa cometem um facto ilícito. III - A recusa, por um sindicato de estivadores, de permitir o recrutamento de pessoal seu para operações de carregamento de navio é injustificada, se se baseia no facto de o navio em causa ter anteriormente descarregado com recurso a...
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